ORS
sections in this chapter were amended or repealed by the Legislative Assembly
during its 2014 regular session. See the table of ORS sections amended or
repealed during the 2014 regular session: 2014
A&R Tables

New
sections of law were added by legislative action to this ORS chapter or to a
series within this ORS chapter by the Legislative Assembly during its 2014
regular session. See sections in the following 2014 Oregon Laws chapters: 2014
Session Laws 0089

2013 EDITION

RESIDENTIAL
LANDLORD AND TENANT

PROPERTY
RIGHTS AND TRANSACTIONS

GENERAL
PROVISIONS

90.100 Definitions

90.105 Short
title

90.110 Exclusions
from application of this chapter

90.113 Additional
exclusion from application of chapter

90.115 Territorial
application

90.120 Applicability
of other statutory lien, tenancy and rent provisions; applicability of ORS
90.100 to 90.465 and 90.505 to 90.840

90.125 Administration
of remedies; enforcement

90.130 Obligation
of good faith

90.135 Unconscionability

90.140 Types
of payments landlord may require or accept; written evidence of payment

90.100
Definitions.
As used in this chapter, unless the context otherwise requires:

(1)
“Accessory building or structure” means any portable, demountable or permanent
structure, including but not limited to cabanas, ramadas, storage sheds, garages,
awnings, carports, decks, steps, ramps, piers and pilings, that is:

(a)
Owned and used solely by a tenant of a manufactured dwelling or floating home;
or

(b)
Provided pursuant to a written rental agreement for the sole use of and
maintenance by a tenant of a manufactured dwelling or floating home.

(2)
“Action” includes recoupment, counterclaim, setoff, suit in equity and any
other proceeding in which rights are determined, including an action for
possession.

(3)
“Applicant screening charge” means any payment of money required by a landlord
of an applicant prior to entering into a rental agreement with that applicant
for a residential dwelling unit, the purpose of which is to pay the cost of
processing an application for a rental agreement for a residential dwelling
unit.

(4)
“Building and housing codes” includes any law, ordinance or governmental
regulation concerning fitness for habitation, or the construction, maintenance,
operation, occupancy, use or appearance of any premises or dwelling unit.

(5)
“Carbon monoxide alarm” has the meaning given that term in ORS 105.836.

(6)
“Carbon monoxide source” has the meaning given that term in ORS 105.836.

(7)
“Conduct” means the commission of an act or the failure to act.

(8)
“DBH” means the diameter at breast height, which is measured as the width of a
standing tree at four and one-half feet above the ground on the uphill side.

(9)
“Dealer” means any person in the business of selling, leasing or distributing
new or used manufactured dwellings or floating homes to persons who purchase or
lease a manufactured dwelling or floating home for use as a residence.

(10)
“Domestic violence” means:

(a)
Abuse between family or household members, as those terms are defined in ORS
107.705; or

(b)
Abuse, as defined in ORS 107.705, between partners in a dating relationship.

(12)
“Dwelling unit” means a structure or the part of a structure that is used as a
home, residence or sleeping place by one person who maintains a household or by
two or more persons who maintain a common household. “Dwelling unit” regarding
a person who rents a space for a manufactured dwelling or recreational vehicle
or regarding a person who rents moorage space for a floating home as defined in
ORS 830.700, but does not rent the home, means the space rented and not the
manufactured dwelling, recreational vehicle or floating home itself.

(13)
“Essential service” means:

(a)
For a tenancy not consisting of rental space for a manufactured dwelling,
floating home or recreational vehicle owned by the tenant and not otherwise
subject to ORS 90.505 to 90.840:

(A)
Heat, plumbing, hot and cold running water, gas, electricity, light fixtures,
locks for exterior doors, latches for windows and any cooking appliance or
refrigerator supplied or required to be supplied by the landlord; and

(B)
Any other service or habitability obligation imposed by the rental agreement or
ORS 90.320, the lack or violation of which creates a serious threat to the
tenant’s health, safety or property or makes the dwelling unit unfit for
occupancy.

(b)
For a tenancy consisting of rental space for a manufactured dwelling, floating
home or recreational vehicle owned by the tenant or that is otherwise subject
to ORS 90.505 to 90.840:

(B)
Any other service or habitability obligation imposed by the rental agreement or
ORS 90.730, the lack or violation of which creates a serious threat to the
tenant’s health, safety or property or makes the rented space unfit for
occupancy.

(14)
“Facility” means a manufactured dwelling park or a marina.

(15)
“Facility purchase association” means a group of three or more tenants who
reside in a facility and have organized for the purpose of eventual purchase of
the facility.

(16)
“Fee” means a nonrefundable payment of money.

(17)
“First class mail” does not include certified or registered mail, or any other
form of mail that may delay or hinder actual delivery of mail to the recipient.

(18)
“Fixed term tenancy” means a tenancy that has a fixed term of existence,
continuing to a specific ending date and terminating on that date without requiring
further notice to effect the termination.

(19)
“Floating home” has the meaning given that term in ORS 830.700. “Floating home”
includes an accessory building or structure.

(20)
“Good faith” means honesty in fact in the conduct of the transaction concerned.

(21)
“Hazard tree” means a tree that:

(a)
Is located on a rented space in a manufactured dwelling park;

(b)
Measures at least eight inches DBH; and

(c)
Is considered, by an arborist licensed as a landscape construction professional
pursuant to ORS 671.560 and certified by the International Society of
Arboriculture, to pose an unreasonable risk of causing serious physical harm or
damage to individuals or property in the near future.

(22)
“Hotel or motel” means “hotel” as that term is defined in ORS 699.005.

(23)
“Informal dispute resolution” means, but is not limited to, consultation
between the landlord or landlord’s agent and one or more tenants, or mediation
utilizing the services of a third party.

(24)
“Landlord” means the owner, lessor or sublessor of the dwelling unit or the
building or premises of which it is a part. “Landlord” includes a person who is
authorized by the owner, lessor or sublessor to manage the premises or to enter
into a rental agreement.

(25)
“Landlord’s agent” means a person who has oral or written authority, either
express or implied, to act for or on behalf of a landlord.

(26)
“Last month’s rent deposit” means a type of security deposit, however
designated, the primary function of which is to secure the payment of rent for
the last month of the tenancy.

(27)
“Manufactured dwelling” means a residential trailer, a mobile home or a
manufactured home as those terms are defined in ORS 446.003. “Manufactured
dwelling” includes an accessory building or structure. “Manufactured dwelling”
does not include a recreational vehicle.

(28)
“Manufactured dwelling park” means a place where four or more manufactured
dwellings are located, the primary purpose of which is to rent space or keep
space for rent to any person for a charge or fee.

(29)
“Marina” means a moorage of contiguous dwelling units that may be legally
transferred as a single unit and are owned by one person where four or more
floating homes are secured, the primary purpose of which is to rent space or
keep space for rent to any person for a charge or fee.

(30)
“Month-to-month tenancy” means a tenancy that automatically renews and
continues for successive monthly periods on the same terms and conditions
originally agreed to, or as revised by the parties, until terminated by one or
both of the parties.

(31)
“Organization” includes a corporation, government, governmental subdivision or
agency, business trust, estate, trust, partnership or association, two or more
persons having a joint or common interest, and any other legal or commercial entity.

(32)
“Owner” includes a mortgagee in possession and means one or more persons,
jointly or severally, in whom is vested:

(a)
All or part of the legal title to property; or

(b)
All or part of the beneficial ownership and a right to present use and enjoyment
of the premises.

(33)
“Person” includes an individual or organization.

(34)
“Premises” means:

(a)
A dwelling unit and the structure of which it is a part and facilities and
appurtenances therein;

(b)
Grounds, areas and facilities held out for the use of tenants generally or the
use of which is promised to the tenant; and

(c)
A facility for manufactured dwellings or floating homes.

(35)
“Prepaid rent” means any payment of money to the landlord for a rent obligation
not yet due. In addition, “prepaid rent” means rent paid for a period extending
beyond a termination date.

(36)
“Recreational vehicle” has the meaning given that term in ORS 446.003.

(37)
“Rent” means any payment to be made to the landlord under the rental agreement,
periodic or otherwise, in exchange for the right of a tenant and any permitted
pet to occupy a dwelling unit to the exclusion of others and to use the
premises. “Rent” does not include security deposits, fees or utility or service
charges as described in ORS 90.315 (4) and 90.532.

(38)
“Rental agreement” means all agreements, written or oral, and valid rules and
regulations adopted under ORS 90.262 or 90.510 (6) embodying the terms and
conditions concerning the use and occupancy of a dwelling unit and premises. “Rental
agreement” includes a lease. A rental agreement shall be either a week-to-week
tenancy, month-to-month tenancy or fixed term tenancy.

(39)
“Roomer” means a person occupying a dwelling unit that does not include a
toilet and either a bathtub or a shower and a refrigerator, stove and kitchen,
all provided by the landlord, and where one or more of these facilities are
used in common by occupants in the structure.

(40)
“Screening or admission criteria” means a written statement of any factors a
landlord considers in deciding whether to accept or reject an applicant and any
qualifications required for acceptance. “Screening or admission criteria”
includes, but is not limited to, the rental history, character references,
public records, criminal records, credit reports, credit references and incomes
or resources of the applicant.

(41)
“Security deposit” means a refundable payment or deposit of money, however
designated, the primary function of which is to secure the performance of a
rental agreement or any part of a rental agreement. “Security deposit” does not
include a fee.

(42)
“Sexual assault” has the meaning given that term in ORS 147.450.

(43)
“Squatter” means a person occupying a dwelling unit who is not so entitled
under a rental agreement or who is not authorized by the tenant to occupy that
dwelling unit. “Squatter” does not include a tenant who holds over as described
in ORS 90.427 (7).

(44)
“Stalking” means the behavior described in ORS 163.732.

(45)
“Statement of policy” means the summary explanation of information and facility
policies to be provided to prospective and existing tenants under ORS 90.510.

(46)
“Surrender” means an agreement, express or implied, as described in ORS 90.148
between a landlord and tenant to terminate a rental agreement that gave the
tenant the right to occupy a dwelling unit.

(47)
“Tenant”:

(a)
Except as provided in paragraph (b) of this subsection:

(A)
Means a person, including a roomer, entitled under a rental agreement to occupy
a dwelling unit to the exclusion of others, including a dwelling unit owned,
operated or controlled by a public housing authority.

(B)
Means a minor, as defined and provided for in ORS 109.697.

(b)
For purposes of ORS 90.505 to 90.840, means only a person who owns and occupies
as a residence a manufactured dwelling or a floating home in a facility and
persons residing with that tenant under the terms of the rental agreement.

(c)
Does not mean a guest or temporary occupant.

(48)
“Transient lodging” means a room or a suite of rooms.

(49)
“Transient occupancy” means occupancy in transient lodging that has all of the
following characteristics:

(a)
Occupancy is charged on a daily basis and is not collected more than six days
in advance;

(b)
The lodging operator provides maid and linen service daily or every two days as
part of the regularly charged cost of occupancy; and

(c)
The period of occupancy does not exceed 30 days.

(50)
“Vacation occupancy” means occupancy in a dwelling unit, not including
transient occupancy in a hotel or motel, that has all of the following
characteristics:

(a)
The occupant rents the unit for vacation purposes only, not as a principal
residence;

(b)
The occupant has a principal residence other than at the unit; and

(c)
The period of authorized occupancy does not exceed 45 days.

(51)
“Victim” means:

(a)
The person against whom an incident related to domestic violence, sexual
assault or stalking is perpetrated; or

(b)
The parent or guardian of a minor household member against whom an incident
related to domestic violence, sexual assault or stalking is perpetrated, unless
the parent or guardian is the perpetrator.

(52)
“Week-to-week tenancy” means a tenancy that has all of the following
characteristics:

(a)
Occupancy is charged on a weekly basis and is payable no less frequently than
every seven days;

(b)
There is a written rental agreement that defines the landlord’s and the tenant’s
rights and responsibilities under this chapter; and

90.105
Short title.
This chapter shall be known and may be cited as the “Residential Landlord and
Tenant Act.” [Formerly 91.700]

90.110
Exclusions from application of this chapter. Unless created to avoid the
application of this chapter, the following arrangements are not governed by
this chapter:

(1)
Residence at an institution, public or private, if incidental to detention or
the provision of medical, geriatric, educational, counseling, religious or
similar service, but not including residence in off-campus nondormitory
housing.

(2)
Occupancy of a dwelling unit for no more than 90 days by a purchaser prior to
the scheduled closing of a real estate sale or by a seller following the
closing of a sale, in either case as permitted under the terms of an agreement
for sale of a dwelling unit or the property of which it is a part. The
occupancy by a purchaser or seller described in this subsection may be
terminated only pursuant to ORS 91.130. A tenant who holds but has not
exercised an option to purchase the dwelling unit is not a purchaser for
purposes of this subsection.

(3)
Occupancy by a member of a fraternal or social organization in the portion of a
structure operated for the benefit of the organization.

(4)
Transient occupancy in a hotel or motel.

(5)
Occupancy by a squatter.

(6)
Vacation occupancy.

(7)
Occupancy by an employee of a landlord whose right to occupancy is conditional
upon employment in and about the premises. However, the occupancy by an
employee as described in this subsection may be terminated only pursuant to ORS
91.120.

(8)
Occupancy by an owner of a condominium unit or a holder of a proprietary lease
in a cooperative.

90.113
Additional exclusion from application of chapter. Residence in a
licensed program, facility or home described in ORS 430.306 to 430.375,
430.380, 430.385, 430.395, 430.397 to 430.401, 430.405 to 430.565, 430.570,
430.590, 443.400 to 443.455, 443.705 to 443.825 or 443.835 is not governed by
this chapter. [2007 c.715 §2; 2009 c.595 §58]

90.115
Territorial application. This chapter applies to, regulates and determines
rights, obligations and remedies under a rental agreement, wherever made, for a
dwelling unit located within this state. [Formerly 91.715]

90.120
Applicability of other statutory lien, tenancy and rent provisions;
applicability of ORS 90.100 to 90.465 and 90.505 to 90.840. (1) The
provisions of ORS 87.152 to 87.212, 91.010 to 91.110, 91.130, 91.210 and 91.220
do not apply to the rights and obligations of landlords and tenants governed by
this chapter.

(2)
Any provisions of this chapter that reasonably apply only to the structure that
is used as a home, residence or sleeping place do not apply to a manufactured
dwelling, recreational vehicle or floating home where the tenant owns the manufactured
dwelling, recreational vehicle or floating home but rents the space on which it
is located.

(3)
The provisions of ORS 90.505 to 90.840 apply only if:

(a)
The tenant owns the manufactured dwelling or floating home;

(b)
The tenant rents the space on which the dwelling or home is located; and

(c)
Except as provided in subsection (4) of this section, the space is in a
facility.

(4)
ORS 90.512, 90.514, 90.516 and 90.518 apply to a converted rental space as
defined in ORS 90.512 regardless of whether the converted rental space is in a
facility.

(5)
Residential tenancies for recreational vehicles and for manufactured dwellings
and floating homes that are not subject to ORS 90.505 to 90.840 shall be
subject to ORS 90.100 to 90.465. Tenancies described in this subsection include
tenancies for:

(a)
A recreational vehicle, located inside or outside of a facility, if the tenant
owns or rents the vehicle;

(b)
A manufactured dwelling or floating home, located inside or outside of a
facility, if the tenant rents both the dwelling or home and the space; and

90.125
Administration of remedies; enforcement. (1) The remedies provided by this
chapter shall be so administered that an aggrieved party may recover
appropriate damages. The aggrieved party has a duty to mitigate damages.

(2)
Any right or obligation declared by this chapter is enforceable by action
unless the provision declaring it specifies a different and limited effect. [Formerly
91.725]

90.130
Obligation of good faith. Every duty under this chapter and every act which
must be performed as a condition precedent to the exercise of a right or remedy
under this chapter imposes an obligation of good faith in its performance or
enforcement. [Formerly 91.730]

90.135
Unconscionability.
(1) If the court, as a matter of law, finds:

(a)
A rental agreement or any provision thereof was unconscionable when made, the
court may refuse to enforce the agreement, enforce the remainder of the
agreement without the unconscionable provision, or limit the application of any
unconscionable provision to avoid an unconscionable result; or

(b)
A settlement in which a party waives or agrees to forgo a claim or right under
this chapter or under a rental agreement was unconscionable when made, the
court may refuse to enforce the settlement, enforce the remainder of the
settlement without the unconscionable provision, or limit the application of
any unconscionable provision to avoid an unconscionable result.

(2)
If unconscionability is put into issue by a party or by the court upon its own
motion the parties shall be afforded a reasonable opportunity to present
evidence as to the setting, purpose and effect of the rental agreement or
settlement to aid the court in making the determination. [Formerly 91.735]

90.140
Types of payments landlord may require or accept; written evidence of payment. (1) A landlord
may require or accept the following types of payments:

(a)
Applicant screening charges, pursuant to ORS 90.295;

(b)
Deposits to secure the execution of a rental agreement, pursuant to ORS 90.297;

(c)
Security deposits, pursuant to ORS 90.300;

(d)
Fees, pursuant to ORS 90.302;

(e)
Rent, as defined in ORS 90.100;

(f)
Prepaid rent, as defined in ORS 90.100;

(g)
Utility or service charges, pursuant to ORS 90.315 (4), 90.534 or 90.536;

(h)
Late charges or fees, pursuant to ORS 90.260; and

(i)
Damages, for noncompliance with a rental agreement or ORS 90.325, under ORS
90.401 or as provided elsewhere in this chapter.

(2)
A tenant who requests a writing that evidences the tenant’s payment is entitled
to receive that writing from the landlord as a condition for making the
payment. The writing may be a receipt, statement of the tenant’s account or
other acknowledgment of the tenant’s payment. The writing must include the
amount paid, the date of payment and information identifying the landlord or
the rental property. If the tenant makes the payment by mail, deposit or a
method other than in person and requests the writing, the landlord shall within
a reasonable time provide the tenant with the writing in a manner consistent
with ORS 90.150. [1997 c.577 §4; 1999 c.603 §7; 2001 c.596 §29; 2005 c.22 §58;
2005 c.391 §13; 2005 c.619 §16]

90.145
Tenant or applicant who conducts repairs, routine maintenance or cleaning
services not employee of landlord; restrictions. (1) A tenant
who occupies or an applicant who will occupy a dwelling unit and who conducts
repairs, routine maintenance or cleaning services on that dwelling unit in
exchange for a reduction in rent pursuant to a written or oral agreement with
the landlord is not an employee of the landlord.

(2)
A tenant or an applicant described in subsection (1) of this section may not
conduct electrical or plumbing installation, maintenance or repair unless
properly licensed under ORS 479.510 to 479.945 or ORS chapter 693. The tenant
or applicant is not required to obtain a plumbing contractor license under ORS
447.040 to perform work under this section.

(3)
Nothing in this section diminishes the obligations of a landlord to maintain
the dwelling unit in a habitable condition under ORS 90.320 or 90.730.

(4)
Any electrical or plumbing installation, maintenance or repair work performed
by a tenant or an applicant under this section must comply with ORS 447.010 to
447.156 and 479.510 to 479.945. [1995 c.773 §2; 1999 c.676 §9; 2005 c.758 §6]

90.147
Delivery of possession. For the purposes of this chapter, delivery of
possession occurs:

(1)
From the landlord to the tenant, when the landlord gives actual notice to the
tenant that the tenant has the right under a rental agreement to occupy the
dwelling unit to the exclusion of others. The right to occupy may be implied by
actions such as the landlord’s delivery of the keys to the dwelling unit; and

(2)
From the tenant to the landlord at the termination of the tenancy, when:

(a)
The tenant gives actual notice to the landlord that the tenant has relinquished
any right to occupy the dwelling unit to the exclusion of others.
Relinquishment of the right to occupy may be implied by actions such as the
tenant’s return of the keys to the dwelling unit;

(b)
After the expiration date of an outstanding termination of tenancy notice or
the end of a term tenancy, the landlord reasonably believes under all the
circumstances that the tenant has relinquished or no longer claims the right to
occupy the dwelling unit to the exclusion of others; or

90.148
Landlord acts that imply acceptance of tenant abandonment or relinquishment of
right to occupy.
The surrender of a dwelling unit may be implied from the landlord’s acceptance
of a tenant’s abandonment or relinquishment of the right to occupy. The
landlord’s acceptance may be demonstrated by acts of the landlord that are
inconsistent with the existence of the tenancy. A landlord’s receipt of the
keys to the dwelling unit or a landlord’s reasonable efforts to mitigate the
landlord’s damages by attempting to rent the dwelling unit to a new tenant
shall not constitute acts inconsistent with the existence of the tenancy.
Reasonable efforts to mitigate damages include preparing the unit for rental. [1999
c.603 §2]

Note: 90.148 was
added to and made a part of ORS chapter 90 by legislative action but was not
added to any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.

SERVICE
OR DELIVERY OF NOTICES

90.150
Service or delivery of actual notice. When this chapter requires actual
notice, service or delivery of that notice shall be executed by one or more of
the following methods:

(1)
Verbal notice that is given personally to the landlord or tenant or left on the
landlord’s or tenant’s telephone answering device.

(2)
Written notice that is personally delivered to the landlord or tenant, left at
the landlord’s rental office, sent by facsimile to the landlord’s residence or
rental office or to the tenant’s dwelling unit, or attached in a secure manner
to the main entrance of the landlord’s residence or tenant’s dwelling unit.

(3)
Written notice that is delivered by first class mail to the landlord or tenant.
If the notice is mailed, the notice shall be considered served three days after
the date the notice was mailed.

(4)
Any other method reasonably calculated to achieve actual receipt of notice, as
agreed to and described in a written rental agreement. [1995 c.559 §3; 1997
c.577 §5; 1999 c.603 §9; 2003 c.14 §33]

90.155
Service or delivery of written notice. (1) Except as provided in ORS 90.300,
90.425 and 90.675, where this chapter requires written notice, service or
delivery of that written notice shall be executed by one or more of the
following methods:

(a)
Personal delivery to the landlord or tenant;

(b)
First class mail to the landlord or tenant; or

(c)
If a written rental agreement so provides, both first class mail and attachment
to a designated location. In order for a written rental agreement to provide
for mail and attachment service of written notices from the landlord to the
tenant, the agreement must also provide for such service of written notices
from the tenant to the landlord. Mail and attachment service of written notices
shall be executed as follows:

(A)
For written notices from the landlord to the tenant, the first class mail
notice copy shall be addressed to the tenant at the premises and the second
notice copy shall be attached in a secure manner to the main entrance to that
portion of the premises of which the tenant has possession; and

(B)
For written notices from the tenant to the landlord, the first class mail
notice copy shall be addressed to the landlord at an address as designated in
the written rental agreement and the second notice copy shall be attached in a
secure manner to the landlord’s designated location, which shall be described
with particularity in the written rental agreement, reasonably located in
relation to the tenant and available at all hours.

(2)
If a notice is served by mail, the minimum period for compliance or termination
of tenancy, as appropriate, shall be extended by three days, and the notice
shall include the extension in the period provided.

(3)
A landlord or tenant may utilize alternative methods of notifying the other so
long as the alternative method is in addition to one of the service methods
described in subsection (1) of this section.

(4)
Notwithstanding ORS 90.510 (4), after 30 days’ written notice, a landlord may
unilaterally amend a rental agreement for a manufactured dwelling or floating
home that is subject to ORS 90.505 to 90.840 to provide for service or delivery
of written notices by mail and attachment service as provided by subsection
(1)(c) of this section. [Formerly 90.910; 1997 c.577 §6; 2001 c.596 §29a]

90.160
Calculation of notice periods. (1) Notwithstanding ORCP 10 and not
including the seven-day and four-day waiting periods provided in ORS 90.394,
where there are references in this chapter to periods and notices based on a
number of days, those days shall be calculated by consecutive calendar days,
not including the initial day of service, but including the last day until the
end of that last day at 12 midnight. Where there are references in this chapter
to periods or notices based on a number of hours, those hours shall be
calculated in consecutive clock hours, beginning immediately upon service.

(2)
Notwithstanding subsection (1) of this section, for 72-hour or 144-hour
nonpayment notices under ORS 90.394 that are served pursuant to ORS 90.155
(1)(c), the time period described in subsection (1) of this section begins at
11:59 p.m. the day the notice is both mailed and attached to the premises. The
time period shall end 72 hours or 144 hours, as the case may be, after the time
started to run at 11:59 p.m. [Formerly 90.402; 1997 c.577 §7; 2005 c.391 §14;
2013 c.294 §4]

CONTENT
OF AGREEMENTS

90.220
Terms and conditions of rental agreement; smoking policy; rent obligation and
payment.
(1) A landlord and a tenant may include in a rental agreement terms and
conditions not prohibited by this chapter or other rule of law including rent,
term of the agreement and other provisions governing the rights and obligations
of the parties.

(2)
The terms of a fixed term tenancy, including the amount of rent, may not be
unilaterally amended by the landlord or tenant.

(3)
The landlord shall provide the tenant with a copy of any written rental
agreement and all amendments and additions thereto.

(4)
Except as provided in this subsection, the rental agreement must include a
disclosure of the smoking policy for the premises that complies with ORS
479.305. A disclosure of smoking policy is not required in a rental agreement
subject to ORS 90.505 to 90.840 for space in a facility as defined in ORS
90.100.

(5)
Notwithstanding ORS 90.245 (1), the parties to a rental agreement to which ORS
90.100 to 90.465 apply may include in the rental agreement a provision for
informal dispute resolution.

(6)
In absence of agreement, the tenant shall pay as rent the fair rental value for
the use and occupancy of the dwelling unit.

(7)
Except as otherwise provided by this chapter:

(a)
Rent is payable without demand or notice at the time and place agreed upon by
the parties. Unless otherwise agreed, rent is payable at the dwelling unit,
periodic rent is payable at the beginning of any term of one month or less and
otherwise in equal monthly or weekly installments at the beginning of each
month or week, depending on whether the tenancy is month-to-month or
week-to-week. Rent may not be considered to be due prior to the first day of
each rental period. Rent may not be increased without a 30-day written notice
thereof in the case of a month-to-month tenancy or a seven-day written notice
thereof in the case of a week-to-week tenancy.

(b)
If a rental agreement does not create a week-to-week tenancy, as defined in ORS
90.100, or a fixed term tenancy, the tenancy shall be a month-to-month tenancy.

(8)
Except as provided by ORS 90.427 (7), a tenant is responsible for payment of
rent until the earlier of:

(a)
The date that a notice terminating the tenancy expires;

(b)
The date that the tenancy terminates by its own terms;

(c)
The date that the tenancy terminates by surrender;

(d)
The date that the tenancy terminates as a result of the landlord failing to use
reasonable efforts to rent the dwelling unit to a new tenant as provided under
ORS 90.410 (3);

(e)
The date when a new tenancy with a new tenant begins;

(f)
Thirty days after delivery of possession without prior notice of termination of
a month-to-month tenancy; or

90.222
Renter’s liability insurance. (1) A landlord may require a tenant to
obtain and maintain renter’s liability insurance in a written rental agreement.
The amount of coverage may not exceed $100,000 per occurrence or the customary
amount required by landlords for similar properties with similar rents in the
same rental market, whichever is greater.

(2)
Before entering a new tenancy, a landlord:

(a)
Shall advise an applicant in writing of a requirement to obtain and maintain
renter’s liability insurance and the amount of insurance required.

(b)
May require an applicant to provide documentation of renter’s liability
insurance coverage before the tenancy begins.

(3)
For an existing month-to-month tenancy, the landlord may amend a written rental
agreement to require renter’s liability insurance after giving the tenant at
least 30 days’ written notice of the requirement. If the tenant does not obtain
renter’s liability insurance within the 30-day period:

(a)
The landlord may terminate the tenancy pursuant to ORS 90.392; and

(b)
The tenant may cure the cause of the termination as provided by ORS 90.392 by
obtaining insurance.

(4)
A landlord may require documentation that the tenant maintains the renter’s
liability insurance on a periodic basis related to the coverage period of the
renter’s liability insurance policy or more frequently if the landlord
reasonably believes that the insurance policy is no longer in effect.

(5)
A landlord may require that a tenant obtain or maintain renter’s liability
insurance only if the landlord obtains and maintains comparable liability
insurance and provides documentation to any tenant who requests the
documentation, orally or in writing. The landlord may provide documentation to
a tenant in person, by mail or by posting in a common area or office. The
documentation may consist of a current certificate of coverage. A written
rental agreement that requires a tenant to obtain and maintain renter’s
liability insurance must include a description of the requirements of this
subsection.

(6)
Neither a landlord nor a tenant shall make unreasonable demands that have the
effect of harassing the other with regard to providing documentation of insurance
coverage.

(7)
A landlord may not:

(a)
Require that a tenant obtain renter’s liability insurance from a particular
insurer;

(b)
Require that a tenant name the landlord as an additional insured or as having
any other special status on the tenant’s renter’s liability insurance policy;

(c)
Require that a tenant waive the insurer’s subrogation rights; or

(d)
Make a claim against the tenant’s renter’s liability insurance unless:

(A)
The claim is for damages or costs for which the tenant is legally liable and
not for damages or costs that result from ordinary wear and tear, acts of God
or the conduct of the landlord;

(B)
The claim is greater than the security deposit of the tenant, if any; and

(C)
The landlord provides a copy of the claim to the tenant contemporaneous with
filing the claim with the insurer.

(8)
A landlord may not require a tenant to obtain or maintain renter’s liability
insurance if the household income of the tenant is equal to or less than 50
percent of the area median income, adjusted for family size as measured up to a
five-person family, as determined by the State Housing Council based on
information from the United States Department of Housing and Urban Development.

(9)
A landlord may not require a tenant to obtain or maintain renter’s liability
insurance if the dwelling unit of the tenant has been subsidized with public
funds:

(a)
Including federal or state tax credits, federal block grants authorized in the
HOME Investment Partnerships Act under Title II of the Cranston-Gonzalez
National Affordable Housing Act, as amended, or the Community Development Block
Grant program authorized in the Housing and Community Development Act of 1974,
as amended, and tax-exempt bonds.

90.228
Notice of location in 100-year flood plain. (1) As used in this section, “100-year
flood plain” means the level that flood waters may be expected to equal or
exceed once each 100 years, as determined by the National Flood Insurance
Program of the Federal Emergency Management Agency.

(2)
If a dwelling unit is located in a 100-year flood plain, the landlord shall
provide notice in the dwelling unit rental agreement that the dwelling unit is
located within the flood plain.

(3)
If a landlord fails to provide a notice required under this section, and the
tenant of the dwelling unit suffers an uninsured loss due to flooding, the
tenant may recover from the landlord the lesser of the actual damages for the
uninsured loss or two months’ rent. [2009 c.306 §2]

Note: 90.228 was
added to and made a part of ORS chapter 90 by legislative action but was not
added to any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.

90.230
Rental agreements for occupancy of recreational vehicle in park; remedy for
noncompliance; exception. (1) If a tenancy is for the occupancy of a
recreational vehicle in a manufactured dwelling park, mobile home park or
recreational vehicle park, all as defined in ORS 197.492, the landlord shall
provide a written rental agreement for a month-to-month, week-to-week or
fixed-term tenancy. The rental agreement must state:

(a)
If applicable, that the tenancy may be terminated by the landlord under ORS
90.427 without cause upon 30 or 60 days’ written notice for a month-to-month
tenancy or upon 10 days’ written notice for a week-to-week tenancy.

(b)
That any accessory building or structure paid for or provided by the tenant
belongs to the tenant and is subject to a demand by the landlord that the
tenant remove the building or structure upon termination of the tenancy.

(c)
That the tenancy is subject to the requirements of ORS 197.493 (1) for
exemption from placement and occupancy restrictions.

(2)
If a tenant described in subsection (1) of this section moves following
termination of the tenancy by the landlord under ORS 90.427, and the landlord
failed to provide the required written rental agreement before the beginning of
the tenancy, the tenant may recover the tenant’s actual damages or twice the
periodic rent, whichever is greater.

(3)
If the occupancy fails at any time to comply with the requirements of ORS
197.493 (1) for exemption from placement and occupancy restrictions, and a
state agency or local government requires the tenant to move as a result of the
noncompliance, the tenant may recover the tenant’s actual damages or twice the
periodic rent, whichever is greater. This subsection does not apply if the
noncompliance was caused by the tenant.

(4)
This section does not apply to a vacation occupancy. [2005 c.619 §14; 2011 c.42
§1a]

(a)(A)
For premises consisting of more than eight dwelling units, the dwelling unit is
one of at least eight contiguous dwelling units on the premises that are
designated by the landlord as drug and alcohol free housing dwelling units and
that are each occupied or held for occupancy by at least one tenant who is a
recovering alcoholic or drug addict and is participating in a program of
recovery; or

(B)
For premises consisting of eight or fewer dwelling units, the dwelling unit is
one of at least four contiguous dwelling units on the premises that are
designated by the landlord as drug and alcohol free housing dwelling units and
that are each occupied or held for occupancy by at least one tenant who is a
recovering alcoholic or drug addict and is participating in a program of
recovery;

(b)
The landlord is a nonprofit corporation incorporated pursuant to ORS chapter 65
or a housing authority created pursuant to ORS 456.055 to 456.235;

(A)
A drug and alcohol free environment, covering all tenants, employees, staff,
agents of the landlord and guests;

(B)
Monitoring of the tenants for compliance with the requirements described in
paragraph (d) of this subsection;

(C)
Individual and group support for recovery; and

(D)
Access to a specified program of recovery; and

(d)
The rental agreement for the designated drug and alcohol free housing dwelling
unit is in writing and includes the following provisions:

(A)
That the dwelling unit is designated by the landlord as a drug and alcohol free
housing dwelling unit;

(B)
That the tenant may not use, possess or share alcohol, illegal drugs,
controlled substances or prescription drugs without a medical prescription,
either on or off the premises;

(C)
That the tenant may not allow the tenant’s guests to use, possess or share
alcohol, illegal drugs, controlled substances or prescription drugs without a
medical prescription, on the premises;

(D)
That the tenant shall participate in a program of recovery, which specific
program is described in the rental agreement;

(E)
That on at least a quarterly basis the tenant shall provide written
verification from the tenant’s program of recovery that the tenant is
participating in the program of recovery and that the tenant has not used
alcohol or illegal drugs;

(F)
That the landlord has the right to require the tenant to take a test for drug
or alcohol usage promptly and at the landlord’s discretion and expense; and

(G)
That the landlord has the right to terminate the tenant’s tenancy in the drug
and alcohol free housing under ORS 90.392, 90.398 or 90.630 for noncompliance
with the requirements described in this paragraph.

(2)
A dwelling unit qualifies as drug and alcohol free housing despite the premises
not having the minimum number of qualified dwelling units required by
subsection (1)(a) of this section if:

(a)
The premises are occupied but have not previously qualified as drug and alcohol
free housing;

(c)
The number of designated drug and alcohol free housing dwelling units meets the
requirement of subsection (1)(a) of this section;

(d)
When each designated dwelling unit becomes vacant, the landlord rents that
dwelling unit to, or holds that dwelling unit for occupancy by, at least one
tenant who is a recovering alcoholic or drug addict and is participating in a
program of recovery and the landlord meets the other requirements of subsection
(1) of this section; and

(e)
The dwelling unit is one of the designated drug and alcohol free housing
dwelling units.

(3)
The failure by a tenant to take a test for drug or alcohol usage as requested
by the landlord pursuant to subsection (1)(d)(F) of this section may be
considered evidence of drug or alcohol use.

(4)
As used in this section, “program of recovery” means a verifiable program of
counseling and rehabilitation treatment services, including a written plan, to
assist recovering alcoholics or drug addicts to recover from their addiction to
alcohol or illegal drugs while living in drug and alcohol free housing. A “program
of recovery” includes Alcoholics Anonymous, Narcotics Anonymous and similar
programs. [1995 c.559 §7; 1997 c.577 §9; 1999 c.603 §11; 2003 c.378 §10; 2005
c.22 §59; 2005 c.391 §15]

90.245
Prohibited provisions in rental agreements; remedy. (1) A rental
agreement may not provide that the tenant:

(a)
Agrees to waive or forgo rights or remedies under this chapter;

(b)
Authorizes any person to confess judgment on a claim arising out of the rental
agreement;

(c)
Agrees to the exculpation or limitation of any liability arising as a result of
the other party’s willful misconduct or negligence or to indemnify the other
party for that liability or costs connected therewith; or

(2)
A provision prohibited by subsection (1) of this section included in a rental
agreement is unenforceable. If a landlord deliberately uses a rental agreement
containing provisions known by the landlord to be prohibited and attempts to
enforce such provisions, the tenant may recover in addition to the actual damages
of the tenant an amount up to three months’ periodic rent. [Formerly 91.745;
2009 c.431 §11]

90.250
Receipt of rent without obligation to maintain premises prohibited. A rental
agreement, assignment, conveyance, trust deed or security instrument may not
permit the receipt of rent free of the obligation to comply with ORS 90.320 (1)
or 90.730. [Formerly 91.750; 1999 c.676 §10]

90.255
Attorney fees.
In any action on a rental agreement or arising under this chapter, reasonable
attorney fees at trial and on appeal may be awarded to the prevailing party
together with costs and necessary disbursements, notwithstanding any agreement
to the contrary. As used in this section, “prevailing party” means the party in
whose favor final judgment is rendered. [Formerly 91.755]

90.260
Late rent payment charge or fee; restrictions; calculation. (1) A landlord
may impose a late charge or fee, however designated, only if:

(a)
The rent payment is not received by the fourth day of the weekly or monthly
rental period for which rent is payable; and

(b)
There exists a written rental agreement that specifies:

(A)
The tenant’s obligation to pay a late charge on delinquent rent payments;

(B)
The type and amount of the late charge, as described in subsection (2) of this
section; and

(C)
The date on which rent payments are due and the date or day on which late
charges become due.

(2)
The amount of any late charge may not exceed:

(a)
A reasonable flat amount, charged once per rental period. “Reasonable amount”
means the customary amount charged by landlords for that rental market;

(b)
A reasonable amount, charged on a per-day basis, beginning on the fifth day of
the rental period for which rent is delinquent. This daily charge may accrue
every day thereafter until the rent, not including any late charge, is paid in
full, through that rental period only. The per-day charge may not exceed six
percent of the amount described in paragraph (a) of this subsection; or

(c)
Five percent of the periodic rent payment amount, charged once for each
succeeding five-day period, or portion thereof, for which the rent payment is
delinquent, beginning on the fifth day of that rental period and continuing and
accumulating until that rent payment, not including any late charge, is paid in
full, through that rental period only.

(3)
In periodic tenancies, a landlord may change the type or amount of late charge
by giving 30 days’ written notice to the tenant.

(4)
A landlord may not deduct a previously imposed late charge from a current or
subsequent rental period rent payment, thereby making that rent payment
delinquent for imposition of a new or additional late charge or for termination
of the tenancy for nonpayment under ORS 90.394.

(5)
A landlord may charge simple interest on an unpaid late charge at the rate
allowed for judgments pursuant to ORS 82.010 (2) and accruing from the date the
late charge is imposed.

(6)
Nonpayment of a late charge alone is not grounds for termination of a rental
agreement for nonpayment of rent under ORS 90.394, but is grounds for
termination of a rental agreement for cause under ORS 90.392 or 90.630 (1). A
landlord may note the imposition of a late charge on a nonpayment of rent
termination notice under ORS 90.394, so long as the notice states or otherwise
makes clear that the tenant may cure the nonpayment notice by paying only the
delinquent rent, not including any late charge, within the allotted time.

(7)
A late charge includes an increase or decrease in the regularly charged
periodic rent payment imposed because a tenant does or does not pay that rent
by a certain date. [1989 c.506 §15; 1995 c.559 §8; 1997 c.249 §30; 1997 c.577 §9a;
1999 c.603 §12; 2005 c.391 §16; 2007 c.906 §32a]

90.262
Use and occupancy rules and regulations; adoption; enforceability;
restrictions.
(1) A landlord, from time to time, may adopt a rule or regulation, however
described, concerning the tenant’s use and occupancy of the premises. It is
enforceable against the tenant only if:

(a)
Its purpose is to promote the convenience, safety or welfare of the tenants in
the premises, preserve the landlord’s property from abusive use, or make a fair
distribution of services and facilities held out for the tenants generally;

(b)
It is reasonably related to the purpose for which it is adopted;

(c)
It applies to all tenants in the premises in a fair manner;

(d)
It is sufficiently explicit in its prohibition, direction or limitation of the
tenant’s conduct to fairly inform the tenant of what the tenant must or must
not do to comply;

(e)
It is not for the purpose of evading the obligations of the landlord; and

(f)
The tenant has written notice of it at the time the tenant enters into the
rental agreement, or when it is adopted.

(2)
If a rule or regulation adopted after the tenant enters into the rental
agreement works a substantial modification of the bargain, it is not valid
unless the tenant consents to it in writing.

(3)
If adopted, an occupancy guideline for a dwelling unit shall not be more
restrictive than two people per bedroom and shall be reasonable. Reasonableness
shall be determined on a case-by-case basis. Factors to be considered in
determining reasonableness include, but are not limited to:

(a)
The size of the bedrooms;

(b)
The overall size of the dwelling unit; and

(c)
Any discriminatory impact on those identified in ORS 659A.421.

(4)
As used in this section:

(a)
“Bedroom” means a habitable room that:

(A)
Is intended to be used primarily for sleeping purposes;

(B)
Contains at least 70 square feet; and

(C)
Is configured so as to take the need for a fire exit into account.

(b)
“Habitable room” means a space in a structure for living, sleeping, eating or
cooking. Bathrooms, toilet compartments, closets, halls, storage or utility
space and similar areas are not included. [Formerly 90.330]

90.263
Vehicle tags.
A landlord may not require that a tenant display a nonremovable tag, sticker or
other device on a motor vehicle that might reveal or indicate to the public the
premises where the tenant resides. [1999 c.397 §2]

Note: 90.263 was
added to and made a part of ORS chapter 90 by legislative action but was not
added to any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.

90.265
Interest in alternative energy device installed by tenant. (1) An
alternative energy device installed in a dwelling unit by a tenant with the
landlord’s written permission is not a fixture in which the landlord has a
legal interest, except as otherwise expressly provided in a written agreement
between the landlord and tenant.

(2)
As a condition to a grant of written permission referred to in subsection (1)
of this section, a landlord may require a tenant to do one or more of the
following:

(a)
Provide a waiver of the landlord’s liability for any injury to the tenant or
other installer resulting from the tenant’s or installer’s negligence in the
installation of the alternative energy device;

(b)
Secure a waiver of the right to a lien against the property of the landlord
from each contractor, subcontractor, laborer and material supplier who would
obtain the right to a lien when the tenant installs or causes the installation
of the alternative energy device; or

(c)
Post a bond or pay a deposit in an amount not to exceed the cost of restoring
the premises to its condition at the time of installation of the alternative
energy device.

(3)
Nothing in this section:

(a)
Authorizes the installation of an alternative energy device in a dwelling unit
without the landlord’s written permission; or

(b)
Limits a landlord’s right to recover damages and obtain injunctive relief as
provided in ORS 90.401.

90.275
Temporary occupancy agreement; terms and conditions. (1) As provided
under this section, a landlord may allow an individual to become a temporary
occupant of the tenant’s dwelling unit. To create a temporary occupancy, the
landlord, tenant and proposed temporary occupant must enter into a written
temporary occupancy agreement that describes the temporary occupancy
relationship.

(2)
The temporary occupant:

(a)
Is not a tenant entitled to occupy the dwelling unit to the exclusion of
others; and

(b)
Does not have the rights of a tenant.

(3)
The temporary occupancy agreement may be terminated by:

(a)
The tenant without cause at any time; and

(b)
The landlord only for cause that is a material violation of the temporary
occupancy agreement.

(4)
The temporary occupant does not have a right to cure a violation that causes a
landlord to terminate the temporary occupancy agreement.

(5)
Before entering into a temporary occupancy agreement, a landlord may screen the
proposed temporary occupant for issues regarding conduct or for a criminal
record. The landlord may not screen the proposed temporary occupant for credit
history or income level.

(6)
A temporary occupancy agreement:

(a)
Shall expressly include the requirements of subsections (2) to (4) of this
section;

(b)
May provide that the temporary occupant is required to comply with any
applicable rules for the premises; and

(c)
May have a specific ending date.

(7)
The landlord, tenant and temporary occupant may extend or renew a temporary
occupancy agreement or may enter into a new temporary occupancy agreement.

(8)
A landlord or tenant is not required to give the temporary occupant written
notice of the termination of a temporary occupancy agreement.

(9)
The temporary occupant shall promptly vacate the dwelling unit if a landlord
terminates a temporary occupancy agreement for material violation of the
temporary occupancy agreement or if the temporary occupancy agreement ends by
its terms. Except as provided in ORS 90.449, the landlord may terminate the
tenancy of the tenant as provided under ORS 90.392 or 90.630 if the temporary
occupant fails to promptly vacate the dwelling unit or if the tenant materially
violates the temporary occupancy agreement.

(10)
A temporary occupant shall be treated as a squatter if the temporary occupant
continues to occupy the dwelling unit after a tenancy has ended or after the
tenant revokes permission for the occupancy by terminating the temporary
occupancy agreement.

(11)(a)
A landlord may not enter into a temporary occupancy agreement for the purpose
of evading landlord responsibilities under this chapter or to diminish the
rights of an applicant or tenant under this chapter.

(b)
A tenant may not become a temporary occupant in the tenant’s own dwelling unit.

(c)
A tenancy may not consist solely of a temporary occupancy. Each tenancy must
have at least one tenant. [2009 c.431 §6 and 2009 c.816 §15; 2013 c.294 §5]

FEES
AND DEPOSITS

90.295
Applicant screening charge; limitations; notice upon denial of tenancy; refund;
remedy.
(1) A landlord may require payment of an applicant screening charge solely to
cover the costs of obtaining information about an applicant as the landlord
processes the application for a rental agreement. This activity is known as
screening, and includes but is not limited to checking references and obtaining
a consumer credit report or tenant screening report. The landlord must provide
the applicant with a receipt for any applicant screening charge.

(2)
The amount of any applicant screening charge shall not be greater than the
landlord’s average actual cost of screening applicants. Actual costs may
include the cost of using a tenant screening company or a consumer credit
reporting agency, and may include the reasonable value of any time spent by the
landlord or the landlord’s agents in otherwise obtaining information on
applicants. In any case, the applicant screening charge may not be greater than
the customary amount charged by tenant screening companies or consumer credit
reporting agencies for a comparable level of screening.

(3)
A landlord may not require payment of an applicant screening charge unless
prior to accepting the payment the landlord:

(a)
Adopts written screening or admission criteria;

(b)
Gives written notice to the applicant of:

(A)
The amount of the applicant screening charge;

(B)
The landlord’s screening or admission criteria;

(C)
The process that the landlord typically will follow in screening the applicant,
including whether the landlord uses a tenant screening company, credit reports,
public records or criminal records or contacts employers, landlords or other
references; and

(D)
The applicant’s rights to dispute the accuracy of any information provided to
the landlord by a screening company or credit reporting agency;

(c)
Gives actual notice to the applicant of an estimate, made to the best of the
landlord’s ability at that time, of the approximate number of rental units of
the type, and in the area, sought by the applicant that are, or within a
reasonable future time will be, available to rent from that landlord. The
estimate shall include the approximate number of applications previously
accepted and remaining under consideration for those units. A good faith error
by a landlord in making an estimate under this paragraph does not provide
grounds for a claim under subsection (8) of this section;

(d)
Gives written notice to the applicant of the amount of rent the landlord will
charge and the deposits the landlord will require, subject to change in the
rent or deposits by agreement of the landlord and the tenant before entering
into a rental agreement; and

(e)
Gives written notice to the applicant whether the landlord requires tenants to
obtain and maintain renter’s liability insurance and, if so, the amount of
insurance required.

(4)
Regardless of whether a landlord requires payment of an applicant screening
charge, if a landlord denies an application for a rental agreement by an
applicant and that denial is based in whole or in part on a tenant screening
company or consumer credit reporting agency report on that applicant, the
landlord shall give the applicant actual notice of that fact at the same time
that the landlord notifies the applicant of the denial. Unless written notice
of the name and address of the screening company or credit reporting agency has
previously been given, the landlord shall promptly give written notice to the
applicant of the name and address of the company or agency that provided the
report upon which the denial is based.

(5)
Except as provided in subsection (4) of this section, a landlord need not disclose
the results of an applicant screening or report to an applicant, with respect
to information that is not required to be disclosed under the federal Fair
Credit Reporting Act. A landlord may give to an applicant a copy of that
applicant’s consumer report, as defined in the Fair Credit Reporting Act.

(6)
Unless the applicant agrees otherwise in writing, a landlord may not require
payment of an applicant screening charge when the landlord knows or should know
that no rental units are available at that time or will be available within a
reasonable future time.

(7)
If a landlord requires payment of an applicant screening charge but fills the
vacant rental unit before screening the applicant or does not conduct a
screening of the applicant for any reason, the landlord must refund the
applicant screening charge to the applicant within a reasonable time.

(8)
The applicant may recover from the landlord twice the amount of any applicant
screening charge paid, plus $150, if:

(a)
The landlord fails to comply with this section and does not within a reasonable
time accept the applicant’s application for a rental agreement; or

(b)
The landlord does not conduct a screening of the applicant for any reason and
fails to refund an applicant screening charge to the applicant within a
reasonable time. [1993 c.369 §26; 1995 c.559 §10; 1997 c.577 §11; 1999 c.603 §14;
2011 c.42 §2; 2013 c.294 §6]

90.297
Prohibition on charging deposit or fee to enter rental agreement; exceptions;
deposit allowed for securing execution of rental agreement; remedy. (1) Except as
provided in ORS 90.295 and in this section, a landlord may not charge a deposit
or fee, however designated, to an applicant who has applied to a landlord to
enter a rental agreement for a dwelling unit.

(2)
A landlord may charge a deposit, however designated, to an applicant for the
purpose of securing the execution of a rental agreement, after approving the
applicant’s application but prior to entering into a rental agreement. The
landlord must give the applicant a written statement describing:

(a)
The amount of rent and the fees the landlord will charge and the deposits the
landlord will require; and

(b)
The terms of the agreement to execute a rental agreement and the conditions for
refunding or retaining the deposit.

(3)
If a rental agreement is executed, the landlord shall either apply the deposit
toward the moneys due the landlord under the rental agreement or refund it
immediately to the tenant.

(4)
If a rental agreement is not executed due to a failure by the applicant to
comply with the agreement to execute, the landlord may retain the deposit.

(5)
If a rental agreement is not executed due to a failure by the landlord to
comply with the agreement to execute, within four days the landlord shall
return the deposit to the applicant either by making the deposit available to
the applicant at the landlord’s customary place of business or by mailing the
deposit by first class mail to the applicant.

(6)
If a landlord fails to comply with this section, the applicant or tenant, as
the case may be, may recover from the landlord the amount of any fee or deposit
charged, plus $150. [1995 c.559 §11; 2001 c.596 §30; 2011 c.42 §3]

90.300
Security deposits; prepaid rent. (1) As used in this section, “security
deposit” includes any last month’s rent deposit.

(2)(a)
Except as otherwise provided in this section, a landlord may require a tenant
to pay a security deposit. The landlord shall provide the tenant with a receipt
for any security deposit the tenant pays. The landlord shall hold a security
deposit or prepaid rent for the tenant who is a party to the rental agreement.
A tenant’s claim to the security deposit or prepaid rent is prior to the claim
of a creditor of the landlord, including a trustee in bankruptcy.

(b)
Except as provided in ORS 86.782 (10), the holder of the landlord’s interest in
the premises at the time the tenancy terminates is responsible to the tenant
for any security deposit or prepaid rent and is bound by this section.

(3)
A written rental agreement, if any, must list a security deposit paid by a
tenant or required by a landlord.

(4)
A landlord may not charge a tenant a pet security deposit for keeping a service
animal or companion animal that a tenant with a disability requires as a reasonable
accommodation under fair housing laws.

(5)(a)
Except as otherwise provided in this subsection, a landlord may not change the
rental agreement to require the tenant to pay a new or increased security
deposit during the first year after the tenancy has begun. Subject to
subsection (4) of this section, the landlord may require an additional deposit
if the landlord and tenant agree to modify the terms and conditions of the
rental agreement to permit a pet or for other cause and the additional deposit
relates to the modification. This paragraph does not prevent a landlord from
collecting a security deposit that an initial rental agreement provided for but
that remained unpaid at the time the tenancy began.

(b)
If a landlord requires a new or increased security deposit after the first year
of the tenancy, the landlord shall allow the tenant at least three months to
pay the new or increased deposit.

(6)
The landlord may claim all or part of the security deposit only if the landlord
required the security deposit for any or all of the purposes specified in
subsection (7) of this section.

(7)(a)
The landlord may claim from the security deposit only the amount reasonably
necessary:

(A)
To remedy the tenant’s defaults in the performance of the rental agreement including,
but not limited to, unpaid rent; and

(B)
To repair damages to the premises caused by the tenant, not including ordinary
wear and tear.

(b)
A landlord is not required to repair damage caused by the tenant in order for
the landlord to claim against the deposit for the cost to make the repair. Any
labor costs the landlord assesses under this subsection for cleaning or repairs
must be based on a reasonable hourly rate. The landlord may charge a reasonable
hourly rate for the landlord’s own performance of cleaning or repair work.

(c)
Defaults and damages for which a landlord may recover under this subsection
include, but are not limited to:

(A)
Carpet cleaning, other than the use of a common vacuum cleaner, if:

(i)
The cleaning is performed by use of a machine specifically designed for
cleaning or shampooing carpets;

(ii)
The carpet was cleaned or replaced after the previous tenancy or the most
recent significant use of the carpet and before the tenant took possession; and

(iii)
The written rental agreement provides that the landlord may deduct the cost of
carpet cleaning regardless of whether the tenant cleans the carpet before the
tenant delivers possession as described in ORS 90.147.

(B)
Loss of use of the dwelling unit during the performance of necessary cleaning
or repairs for which the tenant is responsible under this subsection if the
cleaning or repairs are performed in a timely manner.

(8)
A landlord may not require a tenant to pay or to forfeit a security deposit or
prepaid rent to the landlord for the tenant’s failure to maintain a tenancy for
a minimum number of months in a month-to-month tenancy.

(9)
The landlord must apply any last month’s rent deposit to the rent due for the
last month of the tenancy:

(a)
When either the landlord or the tenant gives to the other a notice of
termination, pursuant to this chapter, other than a notice of termination under
ORS 90.394;

(b)
When the landlord and tenant agree to terminate the tenancy; or

(c)
When the tenancy terminates in accordance with the provisions of a written
rental agreement for a term tenancy.

(10)
A landlord shall account for and refund as provided in subsections (12) to (14)
of this section any portion of a last month’s rent deposit the landlord does
not apply as provided under subsection (9) of this section. Unless the tenant
and landlord agree otherwise, the tenant may not require the landlord to apply
a last month’s rent deposit to rent due for any period other than the last
month of the tenancy. A last month’s rent deposit does not limit the amount of
rent charged unless a written rental agreement provides otherwise.

(11)
When the tenancy terminates, a landlord shall account for and refund to the
tenant, in the same manner this section requires for security deposits, the unused
balance of any prepaid rent the landlord has not previously refunded to the
tenant under ORS 90.380 and 105.120 (5)(b) or any other provision of this
chapter. The landlord may claim from the remaining prepaid rent only the amount
reasonably necessary to pay the tenant’s unpaid rent.

(12)
In order to claim all or part of any prepaid rent or security deposit, within
31 days after the tenancy terminates and the tenant delivers possession the
landlord shall give to the tenant a written accounting that states specifically
the basis or bases of the claim. The landlord shall give a separate accounting
for security deposits and for prepaid rent.

(13)
The landlord shall return to the tenant the security deposit or prepaid rent or
the portion of the security deposit or prepaid rent that the landlord does not
claim in the manner provided by subsections (11) and (12) of this section not
later than 31 days after the tenancy terminates and the tenant delivers
possession to the landlord.

(14)
The landlord shall give the written accounting required under subsection (12)
of this section or shall return the security deposit or prepaid rent as
required by subsection (13) of this section by personal delivery or by first
class mail.

(15)
If a security deposit or prepaid rent secures a tenancy for a space for a
manufactured dwelling or floating home the tenant owns and occupies, whether or
not in a facility, and the dwelling or home is abandoned as described in ORS
90.425 (2) or 90.675 (2), the 31-day period described in subsections (12) and
(13) of this section commences on the earliest of:

(b)
Removal of the manufactured dwelling or floating home from the rented space;

(c)
Destruction or other disposition of the manufactured dwelling or floating home
under ORS 90.425 (10)(b) or 90.675 (10)(b); or

(d)
Sale of the manufactured dwelling or floating home pursuant to ORS 90.425
(10)(a) or 90.675 (10)(a).

(16)
If the landlord fails to comply with subsection (13) of this section or if the
landlord in bad faith fails to return all or any portion of any prepaid rent or
security deposit due to the tenant under this chapter or the rental agreement,
the tenant may recover the money due in an amount equal to twice the amount:

(a)
Withheld without a written accounting under subsection (12) of this section; or

(b)
Withheld in bad faith.

(17)(a)
A security deposit or prepaid rent in the possession of the landlord is not
garnishable property, as provided in ORS 18.618.

(b)
If a landlord delivers a security deposit or prepaid rent to a garnishor in
violation of ORS 18.618 (1)(b), the landlord that delivered the security
deposit or prepaid rent to the garnishor shall allow the tenant at least 30
days after a copy of the garnishee response required by ORS 18.680 is delivered
to the tenant under ORS 18.690 to restore the security deposit or prepaid rent.
If the tenant fails to restore a security deposit or prepaid rent under the
provisions of this paragraph before the tenancy terminates, and the landlord
retains no security deposit or prepaid rent from the tenant after the
garnishment, the landlord is not required to refund or account for the security
deposit or prepaid rent under subsection (11) of this section.

90.302
Fees allowed for certain landlord expenses; accounting not required; fees for
noncompliance with written rules. (1) A landlord may not charge a fee at
the beginning of the tenancy for an anticipated landlord expense and may not
require the payment of any fee except as provided in this section. A fee must
be described in a written rental agreement.

(2)
A landlord may charge a tenant a fee for each occurrence of the following:

(a)
A late rent payment, pursuant to ORS 90.260.

(b)
A dishonored check, pursuant to ORS 30.701 (5). The amount of the fee may not
exceed the amount described in ORS 30.701 (5) plus any amount that a bank has
charged the landlord for processing the dishonored check.

(c)
Removal or tampering with a properly functioning smoke alarm, smoke detector or
carbon monoxide alarm, as provided in ORS 90.325 (2). The landlord may charge a
fee of up to $250 unless the State Fire Marshal assesses the tenant a civil
penalty for the conduct under ORS 479.990 or under ORS 105.836 to 105.842 and
476.725.

(d)
The violation of a written pet agreement or of a rule relating to pets in a
facility, pursuant to ORS 90.530.

(e)
The abandonment or relinquishment of a dwelling unit during a fixed term
tenancy without cause. The fee may not exceed one and one-half times the
monthly rent. A landlord may not assess a fee under this paragraph if the
abandonment or relinquishment is pursuant to ORS 90.453 (2), 90.472 or 90.475.
If the landlord assesses a fee under this paragraph:

(A)
The landlord may not recover unpaid rent for any period of the fixed term
tenancy beyond the date that the landlord knew or reasonably should have known
of the abandonment or relinquishment;

(B)
The landlord may not recover damages related to the cost of renting the
dwelling unit to a new tenant; and

(C)
ORS 90.410 (3) does not apply to the abandonment or relinquishment.

(3)(a)
A landlord may charge a tenant a fee under this subsection for a second
noncompliance or for a subsequent noncompliance with written rules or policies
that describe the prohibited conduct and the fee for a second noncompliance,
and for any third or subsequent noncompliance, that occurs within one year
after a written warning notice described in subparagraph (A) of this paragraph.
The fee may not exceed $50 for the second noncompliance within one year after
the warning notice for the same or a similar noncompliance or $50 plus five
percent of the rent payment for the current rental period for a third or
subsequent noncompliance within one year after the warning notice for the same
or a similar noncompliance. The landlord:

(A)
Shall give a tenant a written warning notice that describes:

(i)
A specific noncompliance before charging a fee for a second or subsequent
noncompliance for the same or similar conduct; and

(ii)
The amount of the fee for a second noncompliance, and for any subsequent
noncompliance, that occurs within one year after the warning notice.

(B)
Shall give a tenant a written notice describing the noncompliance when
assessing a fee for a second or subsequent noncompliance that occurs within one
year after the warning notice.

(C)
Shall give a warning notice for a noncompliance or assess a fee for a second or
subsequent noncompliance within 30 days after the act constituting
noncompliance.

(D)
May terminate a tenancy for a noncompliance consistent with this chapter
instead of assessing a fee under this subsection, but may not assess a fee and
terminate a tenancy for the same noncompliance.

(E)
May not deduct a fee assessed pursuant to this subsection from a rent payment
for the current or a subsequent rental period.

(b)
A landlord may charge a tenant a fee for occurrences of noncompliance with
written rules or policies as provided in paragraph (a) of this subsection for
the following types of noncompliance:

(A)
The late payment of a utility or service charge that the tenant owes the
landlord as described in ORS 90.315.

(B)
Failure to clean up pet waste from a part of the premises other than the
dwelling unit.

(C)
Failure to clean up garbage, rubbish and other waste from a part of the
premises other than the dwelling unit.

(D)
Parking violations.

(E)
The improper use of vehicles within the premises.

(F)
Smoking in a clearly designated nonsmoking unit or area of the premises.

(G)
Keeping on the premises an unauthorized pet capable of causing damage to
persons or property, as described in ORS 90.405.

(4)
A landlord may not be required to account for or return to the tenant any fee.

(5)
Except as provided in subsection (2)(e) of this section, a landlord may not
charge a tenant any form of liquidated damages, however designated.

(6)
Nonpayment of a fee is not grounds for termination of a rental agreement for
nonpayment of rent under ORS 90.394, but is grounds for termination of a rental
agreement for cause under ORS 90.392 or 90.630 (1).

(7)
This section does not apply to:

(a)
Attorney fees awarded pursuant to ORS 90.255;

(b)
Applicant screening charges paid pursuant to ORS 90.295;

(c)
Charges for improvements or other actions that are requested by the tenant and
are not required of the landlord by the rental agreement or by law, including
the cost to replace a key lost by a tenant;

(d)
Processing fees charged to the landlord by a credit card company and passed
through to the tenant for the use of a credit card by the tenant to make a
payment when:

(A)
The credit card company allows processing fees to be passed through to the
credit card holder; and

90.303
Evaluation of applicant. (1) When evaluating an applicant, a landlord may
not consider an action to recover possession pursuant to ORS 105.105 to 105.168
if the action:

(a)
Was dismissed or resulted in a general judgment for the applicant before the
applicant submits the application. This paragraph does not apply if the action
has not resulted in a dismissal or general judgment at the time the applicant
submits the application.

(b)
Resulted in a general judgment against the applicant that was entered five or
more years before the applicant submits the application.

(2)
When evaluating the applicant, a landlord may not consider a previous arrest of
the applicant if the arrest did not result in a conviction. This subsection
does not apply if the arrest has resulted in charges for criminal behavior as
described in subsection (3) of this section that have not been dismissed at the
time the applicant submits the application.

(3)
When evaluating the applicant, the landlord may consider criminal conviction
and charging history if the conviction or pending charge is for conduct that
is:

(a)
A drug-related crime;

(b)
A person crime;

(c)
A sex offense;

(d)
A crime involving financial fraud, including identity theft and forgery; or

(e)
Any other crime if the conduct for which the applicant was convicted or charged
is of a nature that would adversely affect:

(A)
Property of the landlord or a tenant; or

(B)
The health, safety or right to peaceful enjoyment of the premises of residents,
the landlord or the landlord’s agent. [2013 c.294 §3]

90.304
Statement of reasons for denial; remedy for noncompliance. (1) If a
landlord requires an applicant to pay an applicant screening charge and the
application is denied, or if an applicant makes a written request following the
landlord’s denial of an application, the landlord must promptly provide the
applicant with a written statement of one or more reasons for the denial.

(2)
The landlord’s statement of reasons for denial required by subsection (1) of
this section may consist of a form with one or more reasons checked off. The
reasons may include, but are not limited to, the following:

(a)
Rental information, including:

(A)
Negative or insufficient reports from references or other sources.

(B)
An unacceptable or insufficient rental history, such as the lack of a reference
from a prior landlord.

(C)
A prior action for possession under ORS 105.105 to 105.168 that resulted in a
general judgment for the plaintiff or an action for possession that has not yet
resulted in dismissal or general judgment.

(3)
If a landlord fails to comply with this section, the applicant may recover from
the landlord $100. [2005 c.391 §31]

90.305
Disclosure of certain matters; retention of rental agreement; inspection of
agreement.
(1) The landlord shall disclose to the tenant in writing at or before the
commencement of the tenancy the name and address of:

(a)
The person authorized to manage the premises; and

(b)
An owner of the premises or a person authorized to act for and on behalf of the
owner for the purpose of service of process and receiving and receipting for
notices and demands.

(2)
The information required to be furnished by this section shall be kept current
and this section extends to and is enforceable against any successor landlord,
owner or manager.

(3)
A person who is authorized to manage the premises, or to enter into a rental
agreement, and fails to comply with subsection (1) of this section becomes an
agent of each person who is a landlord for service of process and receiving and
receipting for notices and demands.

(4)(a)
A landlord shall retain a copy of each rental agreement at the resident manager’s
office or at the address provided to the tenant under subsection (1)(a) of this
section.

(b)
A tenant may request to see the rental agreement and, within a reasonable time,
the landlord shall make the agreement available for inspection. At the request
of the tenant and upon payment of a reasonable charge, not to exceed the lesser
of 25 cents per page or the actual copying costs, the landlord shall provide
the tenant with a copy of the rental agreement. This subsection shall not
diminish the landlord’s obligation to furnish the tenant an initial copy of the
rental agreement and any amendments under ORS 90.220 (3). [Formerly 91.765;
1993 c.369 §5; 1999 c.603 §17; 2003 c.378 §11]

90.310
Disclosure of legal proceedings; tenant remedies for failure to disclose;
liability of manager.
(1) If at the time of the execution of a rental agreement for a dwelling unit
in premises containing no more than four dwelling units the premises are
subject to any of the following circumstances, the landlord shall disclose that
circumstance to the tenant in writing before the execution of the rental
agreement:

(a)
Any outstanding notice of default under a trust deed, mortgage or contract of
sale, or notice of trustee’s sale under a trust deed;

(b)
Any pending suit to foreclose a mortgage, trust deed or vendor’s lien under a
contract of sale;

(c)
Any pending declaration of forfeiture or suit for specific performance of a
contract of sale; or

(d)
Any pending proceeding to foreclose a tax lien.

(2)
If the tenant moves as a result of a circumstance that the landlord failed to
disclose as required by subsection (1) of this section, the tenant may recover
twice the actual damages or twice the monthly rent, whichever is greater, and
all prepaid rent, in addition to any other remedy that the law may provide.

(3)
This section shall not apply to premises managed by a court appointed receiver.

(4)
A manager who has complied with ORS 90.305 shall not be liable for damages
under this section if the manager had no knowledge of the circumstances that
gave rise to a duty of disclosure under subsection (1) of this section. [Formerly
91.766; 1997 c.249 §31]

90.315
Utility or service payments; additional charges; responsibility for utility or
service; remedies.
(1) As used in this section:

(a)
“Sewer service” includes storm water service and wastewater service.

(b)
“Utility or service” includes but is not limited to electricity, natural or
liquid propane gas, oil, water, hot water, heat, air conditioning, cable
television, direct satellite or other video subscription services, Internet
access or usage, sewer service and garbage collection and disposal.

(2)
The landlord shall disclose to the tenant in writing at or before the
commencement of the tenancy any utility or service that the tenant pays
directly to a utility or service provider that benefits, directly, the landlord
or other tenants. A tenant’s payment for a given utility or service benefits
the landlord or other tenants if the utility or service is delivered to any
area other than the tenant’s dwelling unit.

(3)
If the landlord knowingly fails to disclose those matters required under
subsection (2) of this section, the tenant may recover twice the actual damages
sustained or one month’s rent, whichever is greater.

(4)(a)
Except for tenancies covered by ORS 90.505 to 90.840, if a written rental
agreement so provides, a landlord may require a tenant to pay to the landlord a
utility or service charge that has been billed by a utility or service provider
to the landlord for utility or service provided directly to the tenant’s
dwelling unit or to a common area available to the tenant as part of the
tenancy. A utility or service charge that shall be assessed to a tenant for a
common area must be described in the written rental agreement separately and
distinctly from such a charge for the tenant’s dwelling unit. Unless the method
of allocating the charges to the tenant is described in the tenant’s written
rental agreement, the tenant may require that the landlord give the tenant a
copy of the provider’s bill as a condition of paying the charges.

(b)
Except as provided in this paragraph, a utility or service charge may only
include the cost of the utility or service as billed to the landlord by the
provider. A landlord may add an additional amount to a utility or service
charge billed to the tenant if:

(A)
The utility or service charge to which the additional amount is added is for
cable television, direct satellite or other video subscription services or for
Internet access or usage;

(B)
The additional amount is not more than 10 percent of the utility or service
charge billed to the tenant;

(C)
The total of the utility or service charge and the additional amount is less
than the typical periodic cost the tenant would incur if the tenant contracted
directly with the provider for the cable television, direct satellite or other
video subscription services or for Internet access or usage;

(D)
The written rental agreement providing for the utility or service charge
describes the additional amount separately and distinctly from the utility or
service charge; and

(E)
Any billing or notice from the landlord regarding the utility or service charge
lists the additional amount separately and distinctly from the utility or
service charge.

(c)
A landlord may not require a tenant to agree to the amendment of an existing
rental agreement, and may not terminate a tenant for refusing to agree to the
amendment of a rental agreement, if the amendment would obligate the tenant to
pay an additional amount for cable television, direct satellite or other video
subscription services or for Internet access or usage as provided under
paragraph (b) of this subsection.

(d)
A utility or service charge, including any additional amount added pursuant to
paragraph (b) of this subsection, is not rent or a fee. Nonpayment of a utility
or service charge is not grounds for termination of a rental agreement for
nonpayment of rent under ORS 90.394 but is grounds for termination of a rental agreement
for cause under ORS 90.392.

(e)
If a landlord fails to comply with paragraph (a), (b) or (c) of this
subsection, the tenant may recover from the landlord an amount equal to one
month’s periodic rent or twice the amount wrongfully charged to the tenant,
whichever is greater.

(5)(a)
If a tenant, under the rental agreement, is responsible for a utility or
service and is unable to obtain the service prior to moving into the premises
due to a nonpayment of an outstanding amount due by a previous tenant or the
owner, the tenant may either:

(A)
Pay the outstanding amount and deduct the amount from the rent;

(B)
Enter into a mutual agreement with the landlord to resolve the lack of service;
or

(C)
Immediately terminate the rental agreement by giving the landlord actual notice
and the reason for the termination.

(b)
If the tenancy terminates, the landlord shall return all moneys paid by the
tenant as deposits, rent or fees within four days after termination.

(6)
If a tenant, under the rental agreement, is responsible for a utility or
service and is unable to obtain the service after moving into the premises due
to a nonpayment of an outstanding amount due by a previous tenant or the owner,
the tenant may either:

(a)
Pay the outstanding amount and deduct the amount from the rent; or

(b)
Terminate the rental agreement by giving the landlord actual notice 72 hours
prior to the date of termination and the reason for the termination. The
tenancy does not terminate if the landlord restores service or the availability
of service during the 72 hours. If the tenancy terminates, the tenant may
recover actual damages from the landlord resulting from the shutoff and the
landlord shall return:

(A)
Within four days after termination, all rent and fees; and

(B)
All of the security deposit owed to the tenant under ORS 90.300.

(7)
If a landlord, under the rental agreement, is responsible for a utility or
service and the utility or service is shut off due to a nonpayment of an
outstanding amount, the tenant may either:

(a)
Pay the outstanding balance and deduct the amount from the rent; or

(b)
Terminate the rental agreement by giving the landlord actual notice 72 hours
prior to the date of termination and the reason for the termination. The
tenancy does not terminate if the landlord restores service during the 72
hours. If the tenancy terminates, the tenant may recover actual damages from
the landlord resulting from the shutoff and the landlord shall return:

(A)
Within four days after termination, all rent prepaid for the month in which the
termination occurs prorated from the date of termination or the date the tenant
vacates the premises, whichever is later, and any other prepaid rent; and

(B)
All of the security deposit owed to the tenant under ORS 90.300.

(8)
If a landlord fails to return to the tenant the moneys owed as provided in
subsection (5), (6) or (7) of this section, the tenant shall be entitled to
twice the amount wrongfully withheld.

90.316
Carbon monoxide alarm. (1) Unless a dwelling unit contains one or more
properly functioning carbon monoxide alarms installed in compliance with State
Fire Marshal rules and with any applicable requirements of the state building
code when a tenant takes possession of the dwelling unit, a landlord may not
enter into a rental agreement creating a new tenancy in the dwelling unit if
the dwelling unit:

(a)
Contains a carbon monoxide source; or

(b)
Is located within a structure that contains a carbon monoxide source and the
dwelling unit is connected to the room in which the carbon monoxide source is
located by a door, ductwork or a ventilation shaft.

(2)
The landlord shall provide a new tenant with alarm testing instructions as
described in ORS 90.317.

(3)
If a carbon monoxide alarm is battery-operated or has a battery-operated backup
system, the landlord shall supply working batteries for the alarm at the
beginning of a new tenancy. [2009 c.591 §10; 2011 c.42 §5]

Note: See 105.844.

90.317
Repair or replacement of carbon monoxide alarm. (1) A landlord
shall ensure that a dwelling unit has one or more carbon monoxide alarms
installed in compliance with State Fire Marshal rules and the state building
code if the dwelling unit:

(a)
Contains a carbon monoxide source; or

(b)
Is located within a structure that contains a carbon monoxide source and the
dwelling unit is connected to the room in which the carbon monoxide source is
located by a door, ductwork or a ventilation shaft.

(2)
The landlord shall provide the tenant of the dwelling unit with a written
notice containing instructions for testing of the alarms. The landlord shall
provide the written notice to the tenant no later than at the time that the
tenant first takes possession of the premises.

(3)
If the landlord receives written notice from the tenant of a deficiency in a
carbon monoxide alarm, other than dead batteries, the landlord shall repair or
replace the alarm.

Note: 90.317 was
added to and made a part of ORS chapter 90 by legislative action but was not
added to any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.

Note: See 105.844.

90.318
Criteria for landlord provision of certain recycling services. (1) In a city
or the county within the urban growth boundary of a city that has implemented
multifamily recycling service, a landlord who has five or more residential
dwelling units on a single premises or five or more manufactured dwellings in a
single facility shall at all times during tenancy provide to all tenants:

(a)
A separate location for containers or depots for at least four principal
recyclable materials or for the number of materials required to be collected
under the residential on-route collection program, whichever is less, adequate
to hold the reasonably anticipated volume of each material;

(b)
Regular collection service of the source separated recyclable materials; and

(c)
Notice at least once a year of the opportunity to recycle with a description of
the location of the containers or depots on the premises and information about
how to recycle. New tenants shall be notified of the opportunity to recycle at
the time of entering into a rental agreement.

(2)
As used in this section, “recyclable material” and “source separate” have the
meaning given those terms in ORS 459.005. [1991 c.385 §16]

90.320
Landlord to maintain premises in habitable condition; agreement with tenant to
maintain premises.
(1) A landlord shall at all times during the tenancy maintain the dwelling unit
in a habitable condition. For purposes of this section, a dwelling unit shall
be considered unhabitable if it substantially lacks:

(a)
Effective waterproofing and weather protection of roof and exterior walls,
including windows and doors;

(b)
Plumbing facilities that conform to applicable law in effect at the time of
installation, and maintained in good working order;

(c)
A water supply approved under applicable law that is:

(A)
Under the control of the tenant or landlord and is capable of producing hot and
cold running water;

(B)
Furnished to appropriate fixtures;

(C)
Connected to a sewage disposal system approved under applicable law; and

(D)
Maintained so as to provide safe drinking water and to be in good working order
to the extent that the system can be controlled by the landlord;

(d)
Adequate heating facilities that conform to applicable law at the time of
installation and maintained in good working order;

(e)
Electrical lighting with wiring and electrical equipment that conform to
applicable law at the time of installation and maintained in good working
order;

(f)
Buildings, grounds and appurtenances at the time of the commencement of the
rental agreement in every part safe for normal and reasonably foreseeable uses,
clean, sanitary and free from all accumulations of debris, filth, rubbish,
garbage, rodents and vermin, and all areas under control of the landlord kept
in every part safe for normal and reasonably foreseeable uses, clean, sanitary
and free from all accumulations of debris, filth, rubbish, garbage, rodents and
vermin;

(g)
Except as otherwise provided by local ordinance or by written agreement between
the landlord and the tenant, an adequate number of appropriate receptacles for
garbage and rubbish in clean condition and good repair at the time of the
commencement of the rental agreement, and the landlord shall provide and
maintain appropriate serviceable receptacles thereafter and arrange for their
removal;

(i)
Ventilating, air conditioning and other facilities and appliances, including
elevators, maintained in good repair if supplied or required to be supplied by
the landlord;

(j)
Safety from fire hazards, including a working smoke alarm or smoke detector,
with working batteries if solely battery-operated, provided only at the
beginning of any new tenancy when the tenant first takes possession of the
premises, as provided in ORS 479.270, but not to include the tenant’s testing
of the smoke alarm or smoke detector as provided in ORS 90.325 (1);

(k)
A carbon monoxide alarm, and the dwelling unit:

(A)
Contains a carbon monoxide source; or

(B)
Is located within a structure that contains a carbon monoxide source and the
dwelling unit is connected to the room in which the carbon monoxide source is
located by a door, ductwork or a ventilation shaft; or

(L)
Working locks for all dwelling entrance doors, and, unless contrary to
applicable law, latches for all windows, by which access may be had to that
portion of the premises that the tenant is entitled under the rental agreement
to occupy to the exclusion of others and keys for those locks that require
keys.

(2)
The landlord and tenant may agree in writing that the tenant is to perform
specified repairs, maintenance tasks and minor remodeling only if:

(a)
The agreement of the parties is entered into in good faith and not for the
purpose of evading the obligations of the landlord;

(b)
The agreement does not diminish the obligations of the landlord to other
tenants in the premises; and

(c)
The terms and conditions of the agreement are clearly and fairly disclosed and
adequate consideration for the agreement is specifically stated.

(3)
Any provisions of this section that reasonably apply only to a structure that
is used as a home, residence or sleeping place shall not apply to a
manufactured dwelling, recreational vehicle or floating home where the tenant
owns the manufactured dwelling, recreational vehicle or floating home, rents
the space and, in the case of a dwelling or home, the space is not in a
facility. Manufactured dwelling or floating home tenancies in which the tenant
owns the dwelling or home and rents space in a facility shall be governed by
ORS 90.730, not by this section. [Formerly 91.770; 1993 c.369 §6; 1995 c.559 §15;
1997 c.249 §32; 1997 c.577 §17; 1999 c.307 §20; 1999 c.676 §11; 2009 c.591 §12;
2013 c.294 §9]

90.322
Landlord or agent access to premises; remedies. (1) A landlord
or, to the extent provided in this section, a landlord’s agent may enter into
the tenant’s dwelling unit or any portion of the premises under the tenant’s
exclusive control in order to inspect the premises, make necessary or agreed
repairs, decorations, alterations or improvements, supply necessary or agreed
services, perform agreed yard maintenance or grounds keeping or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers
or contractors. The right of access of the landlord or landlord’s agent is
limited as follows:

(a)
A landlord or landlord’s agent may enter upon the premises under the tenant’s
exclusive control not including the dwelling unit without consent of the tenant
and without notice to the tenant, for the purpose of serving notices required
or permitted under this chapter, the rental agreement or any provision of
applicable law.

(b)
In case of an emergency, a landlord may enter the dwelling unit or any portion
of the premises under a tenant’s exclusive control without consent of the
tenant, without notice to the tenant and at any time. “Emergency” includes but
is not limited to a repair problem that, unless remedied immediately, is likely
to cause serious damage to the premises. If a landlord makes an emergency entry
in the tenant’s absence, the landlord shall give the tenant actual notice
within 24 hours after the entry, and the notice shall include the fact of the
entry, the date and time of the entry, the nature of the emergency and the
names of the persons who entered.

(c)
If the tenant requests repairs or maintenance in writing, the landlord or
landlord’s agent, without further notice, may enter upon demand, in the tenant’s
absence or without the tenant’s consent, for the purpose of making the
requested repairs until the repairs are completed. The tenant’s written request
may specify allowable times. Otherwise, the entry must be at a reasonable time.
The authorization to enter provided by the tenant’s written request expires
after seven days, unless the repairs are in progress and the landlord or
landlord’s agent is making a reasonable effort to complete the repairs in a
timely manner. If the person entering to do the repairs is not the landlord,
upon request of the tenant, the person must show the tenant written evidence
from the landlord authorizing that person to act for the landlord in making the
repairs.

(d)
A landlord and tenant may agree that the landlord or the landlord’s agent may
enter the dwelling unit and the premises without notice at reasonable times for
the purpose of showing the premises to a prospective buyer, provided that the
agreement:

(A)
Is executed at a time when the landlord is actively engaged in attempts to sell
the premises;

(B)
Is reflected in a writing separate from the rental agreement and signed by both
parties; and

(C)
Is supported by separate consideration recited in the agreement.

(e)(A)
If a written agreement requires the landlord to perform yard maintenance or
grounds keeping for the premises:

(i)
A landlord and tenant may agree that the landlord or landlord’s agent may enter
for that purpose upon the premises under the tenant’s exclusive control not
including the dwelling unit, without notice to the tenant, at reasonable times
and with reasonable frequency. The terms of the right of entry must be
described in the rental agreement or in a separate written agreement.

(ii)
A tenant may deny consent for a landlord or landlord’s agent to enter upon the
premises pursuant to this paragraph if the entry is at an unreasonable time or
with unreasonable frequency. The tenant must assert the denial by giving actual
notice of the denial to the landlord or landlord’s agent prior to, or at the
time of, the attempted entry.

(B)
As used in this paragraph:

(i)
“Yard maintenance or grounds keeping” includes, but is not limited to, weeding,
mowing grass and pruning trees and shrubs.

(ii)
“Unreasonable time” refers to a time of day, day of the week or particular time
that conflicts with the tenant’s reasonable and specific plans to use the
premises.

(f)
In all other cases, unless there is an agreement between the landlord and the
tenant to the contrary regarding a specific entry, the landlord shall give the
tenant at least 24 hours’ actual notice of the intent of the landlord to enter
and the landlord or landlord’s agent may enter only at reasonable times. The
landlord or landlord’s agent may not enter if the tenant, after receiving the
landlord’s notice, denies consent to enter. The tenant must assert this denial
of consent by giving actual notice of the denial to the landlord or the
landlord’s agent or by attaching a written notice of the denial in a secure
manner to the main entrance to that portion of the premises or dwelling unit of
which the tenant has exclusive control, prior to or at the time of the attempt
by the landlord or landlord’s agent to enter.

(2)
A landlord may not abuse the right of access or use it to harass the tenant. A
tenant may not unreasonably withhold consent from the landlord to enter.

(3)
This section does not apply to tenancies consisting of a rental of space in a
facility for a manufactured dwelling or floating home under ORS 90.505 to
90.840.

(4)
If a tenancy consists of rented space for a manufactured dwelling or floating
home that is owned by the tenant, but the tenancy is not subject to ORS 90.505
to 90.840 because the space is not in a facility, this section shall allow
access only to the rented space and not to the dwelling or home.

(5)
A landlord has no other right of access except:

(a)
Pursuant to court order;

(b)
As permitted by ORS 90.410 (2); or

(c)
When the tenant has abandoned or relinquished the premises.

(6)
If a landlord is required by a governmental agency to enter a dwelling unit or
any portion of the premises under a tenant’s exclusive control, but the
landlord fails to gain entry after a good faith effort in compliance with this
section, the landlord may not be found in violation of any state statute or
local ordinance due to the failure.

(7)
If the tenant refuses to allow lawful access, the landlord may obtain
injunctive relief to compel access or may terminate the rental agreement under
ORS 90.392 and take possession as provided in ORS 105.105 to 105.168. In
addition, the landlord may recover actual damages.

(8)
If the landlord makes an unlawful entry or a lawful entry in an unreasonable
manner or makes repeated demands for entry otherwise lawful but that have the
effect of unreasonably harassing the tenant, the tenant may obtain injunctive
relief to prevent the reoccurrence of the conduct or may terminate the rental
agreement pursuant to ORS 90.360 (1). In addition, the tenant may recover
actual damages not less than an amount equal to one week’s rent in the case of
a week-to-week tenancy or one month’s rent in all other cases. [Formerly
90.335; 1997 c.577 §18; 1999 c.603 §19; 1999 c.676 §12; 2005 c.391 §20]

TENANT
OBLIGATIONS

90.325
Tenant duties.
(1) The tenant shall:

(a)
Use the parts of the premises including the living room, bedroom, kitchen,
bathroom and dining room in a reasonable manner considering the purposes for
which they were designed and intended.

(b)
Keep all areas of the premises under control of the tenant in every part as
clean, sanitary and free from all accumulations of debris, filth, rubbish,
garbage, rodents and vermin, as the condition of the premises permits and to
the extent that the tenant is responsible for causing the problem. The tenant
shall cooperate to a reasonable extent in assisting the landlord in any
reasonable effort to remedy the problem.

(c)
Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a
clean, safe and legal manner. With regard to needles, syringes and other
infectious waste, as defined in ORS 459.386, the tenant may not dispose of
these items by placing them in garbage receptacles or in any other place or
manner except as authorized by state and local governmental agencies.

(d)
Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean
as their condition permits.

(e)
Use in a reasonable manner all electrical, plumbing, sanitary, heating,
ventilating, air conditioning and other facilities and appliances including
elevators in the premises.

(f)
Test at least once every six months and replace batteries as needed in any
smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord
and notify the landlord in writing of any operating deficiencies.

(g)
Behave and require other persons on the premises with the consent of the tenant
to behave in a manner that will not disturb the peaceful enjoyment of the
premises by neighbors.

(2)
A tenant may not:

(a)
Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as
described in ORS 105.842 or 479.300.

90.340
Occupancy of premises as dwelling unit only; notice of tenant absence. Unless
otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling
unit. The rental agreement may require that the tenant give actual notice to
the landlord of any anticipated extended absence from the premises in excess of
seven days no later than the first day of the extended absence. [Formerly
91.790; 1995 c.559 §19]

TENANT
REMEDIES

90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain
premises; generally.
(1)(a) Except as provided in this chapter, if there is a material noncompliance
by the landlord with the rental agreement or a noncompliance with ORS 90.320 or
90.730, the tenant may deliver a written notice to the landlord specifying the
acts and omissions constituting the breach and that the rental agreement will
terminate upon a date not less than 30 days after delivery of the notice if the
breach is not remedied in seven days in the case of an essential service or 30
days in all other cases, and the rental agreement shall terminate as provided
in the notice subject to paragraphs (b) and (c) of this subsection. However, in
the case of a week-to-week tenancy, the rental agreement will terminate upon a
date not less than seven days after delivery of the notice if the breach is not
remedied.

(b)
If the breach is remediable by repairs, the payment of damages or otherwise and
if the landlord adequately remedies the breach before the date specified in the
notice, the rental agreement shall not terminate by reason of the breach.

(c)
If substantially the same act or omission that constituted a prior
noncompliance of which notice was given recurs within six months, the tenant
may terminate the rental agreement upon at least 14 days’ written notice
specifying the breach and the date of termination of the rental agreement.
However, in the case of a week-to-week tenancy, the tenant may terminate the
rental agreement upon at least seven days’ written notice specifying the breach
and date of termination of the rental agreement.

(2)
Except as provided in this chapter, the tenant may recover damages and obtain
injunctive relief for any noncompliance by the landlord with the rental
agreement or ORS 90.320 or 90.730. The tenant shall not be entitled to recover
damages for a landlord noncompliance with ORS 90.320 or 90.730 if the landlord
neither knew nor reasonably should have known of the condition that constituted
the noncompliance and:

(a)
The tenant knew or reasonably should have known of the condition and failed to
give actual notice to the landlord in a reasonable time prior to the occurrence
of the personal injury, damage to personal property, diminution in rental value
or other tenant loss resulting from the noncompliance; or

(b)
The condition was caused after the tenancy began by the deliberate or negligent
act or omission of someone other than the landlord or a person acting on behalf
of the landlord.

(3)
The remedy provided in subsection (2) of this section is in addition to any
right of the tenant arising under subsection (1) of this section.

(4)
The tenant may not terminate or recover damages under this section for a
condition caused by the deliberate or negligent act or omission of the tenant
or other person on the premises with the tenant’s permission or consent.

90.365
Failure of landlord to supply essential services; remedies. (1) If contrary
to the rental agreement or ORS 90.320 or 90.730 the landlord intentionally or
negligently fails to supply any essential service, the tenant may give written
notice to the landlord specifying the breach and that the tenant may seek
substitute services, diminution in rent damages or substitute housing. After allowing
the landlord a reasonable time and reasonable access under the circumstances to
supply the essential service, the tenant may:

(a)
Procure reasonable amounts of the essential service during the period of the
landlord’s noncompliance and deduct their actual and reasonable cost from the
rent;

(b)
Recover damages based upon the diminution in the fair rental value of the
dwelling unit; or

(c)
If the failure to supply an essential service makes the dwelling unit unsafe or
unfit to occupy, procure substitute housing during the period of the landlord’s
noncompliance, in which case the tenant is excused from paying rent for the
period of the landlord’s noncompliance. In addition, the tenant may recover as
damages from the landlord the actual and reasonable cost or fair and reasonable
value of comparable substitute housing in excess of the rent for the dwelling
unit. For purposes of this paragraph, substitute housing is comparable if it is
of a quality that is similar to or less than the quality of the dwelling unit
with regard to basic elements including cooking and refrigeration services and,
if warranted, upon consideration of factors such as location in the same area
as the dwelling unit, the availability of substitute housing in the area and
the expense relative to the range of choices for substitute housing in the
area. A tenant may choose substitute housing of relatively greater quality, but
the tenant’s damages shall be limited to the cost or value of comparable
substitute housing.

(2)
If contrary to the rental agreement or ORS 90.320 or 90.730 the landlord fails
to supply any essential service, the lack of which poses an imminent and
serious threat to the tenant’s health, safety or property, the tenant may give
written notice to the landlord specifying the breach and that the rental
agreement shall terminate in not less than 48 hours unless the breach is
remedied within that period. If the landlord adequately remedies the breach
before the end of the notice period, the rental agreement shall not terminate
by reason of the breach. As used in this subsection, “imminent and serious
threat to the tenant’s health, safety or property” shall not include the
presence of radon, asbestos or lead-based paint or the future risk of flooding
or seismic hazard, as defined by ORS 455.447.

(3)
For purposes of subsection (1) of this section, a landlord shall not be
considered to be intentionally or negligently failing to supply an essential
service if:

(a)
The landlord substantially supplies the essential service; or

(b)
The landlord is making a reasonable and good faith effort to supply the
essential service and the failure is due to conditions beyond the landlord’s
control.

(4)
This section does not require a landlord to supply a cooking appliance or a
refrigerator if the landlord did not supply or agree to supply a cooking
appliance or refrigerator to the tenant.

(5)
If the tenant proceeds under this section, the tenant may not proceed under ORS
90.360 (1) as to that breach.

(6)
Rights of the tenant under this section do not arise if the condition was
caused by the deliberate or negligent act or omission of the tenant or a person
on the premises with the tenant’s consent.

(7)
Service or delivery of actual or written notice shall be as provided by ORS
90.150 and 90.155, including the addition of three days to the notice period if
written notice is delivered by first class mail.

(8)
Any provisions of this section that reasonably apply only to a structure that
is used as a home, residence or sleeping place does not apply to a manufactured
dwelling, recreational vehicle or floating home if the tenant owns the
manufactured dwelling, recreational vehicle or floating home and rents the
space. [Formerly 91.805; 1995 c.559 §21; 1997 c.577 §20; 1999 c.603 §22; 1999
c.676 §14; 2007 c.508 §8]

90.367
Application of security deposit or prepaid rent after notice of foreclosure;
termination of fixed term tenancy after notice. (1) A tenant
who receives actual notice that the property that is the subject of the tenant’s
rental agreement with a landlord is in foreclosure may apply the tenant’s
security deposit or prepaid rent to the tenant’s obligation to the landlord.
The tenant must notify the landlord in writing that the tenant intends to do
so. The giving of the notice provided by this subsection by the tenant does not
constitute a termination of the tenancy.

(2)
A landlord may not terminate the tenancy of a tenant:

(a)
Because the tenant has applied the security deposit or prepaid rent as allowed
under subsection (1) of this section.

(b)
For nonpayment of rent during the month in which the tenant applies the
security deposit or prepaid rent pursuant to subsection (1) of this section
unless an unpaid balance remains due after applying all payments, including the
security deposit or prepaid rent, to the rent.

(3)
If the tenant has not provided the written notice applying the security deposit
or prepaid rent as required under subsection (1) of this section before the
landlord gives a termination notice for nonpayment of rent, the tenant must
provide the written notice within the notice period provided by ORS 90.392 or
90.394. If the tenant does not provide the written notice, the landlord may
terminate the tenancy based upon ORS 90.392 or 90.394.

(4)
Application of the security deposit or prepaid rent pursuant to subsection (1)
of this section to an obligation owed to the landlord does not constitute a
partial payment under ORS 90.417.

(5)
If the landlord provides written evidence from a lender or trustee that the
property is no longer in foreclosure, the landlord may require the tenant to
restore the security deposit or prepaid rent to the amount required prior to
the tenant’s application of the security deposit or prepaid rent. The landlord
shall allow the tenant at least two months to restore the security deposit or
prepaid rent.

(6)(a)
A tenant with a fixed term tenancy who receives actual notice that the property
that is the subject of the tenant’s rental agreement with a landlord is in
foreclosure may terminate the tenancy by delivering a written notice to the
landlord specifying that the tenant has received notice that the property is in
foreclosure and that the tenancy will terminate upon a designated date that is
not less than 60 days after delivery of the notice unless within 30 days the
landlord provides the tenant with written evidence from a lender or trustee
that the property is no longer in foreclosure or with written evidence that a
receiver has been appointed by a court of competent jurisdiction to oversee the
operation of the property.

(b)
If the landlord does not provide the tenant with written evidence as described
in paragraph (a) of this subsection within the 30-day period after delivery of
the notice of termination, the tenancy terminates as provided in the notice. [2009
c.510 §4; 2011 c.42 §7a; 2013 c.294 §10]

90.368
Repair of minor habitability defect. (1) As used in this section, “minor
habitability defect”:

(a)
Means a defect that may reasonably be repaired for not more than $300, such as
the repair of leaky plumbing, stopped up toilets or faulty light switches.

(b)
Does not mean the presence of mold, radon, asbestos or lead-based paint.

(2)
If, contrary to ORS 90.320, the landlord fails to repair a minor habitability
defect, the tenant may cause the repair of the defect and deduct from the
tenant’s subsequent rent obligation the actual and reasonable cost of the
repair work, not to exceed $300.

(3)(a)
Prior to causing a repair under subsection (2) of this section, the tenant
shall give the landlord written notice:

(A)
Describing the minor habitability defect; and

(B)
Stating the tenant’s intention to cause the repair of the defect and deduct the
cost of the repair from a subsequent rent obligation if the landlord fails to
make the repair by a specified date.

(b)
The specified date for repair contained in a written notice given to a landlord
under this subsection must be at least seven days after the date the notice is
given to the landlord.

(c)
If the landlord fails to make the repair by the specified date, the tenant may
use the remedy provided by subsection (2) of this section.

(d)
Service or delivery of the required written notice shall be made as provided
under ORS 90.155.

(4)(a)
Any repair work performed under this section must be performed in a workmanlike
manner and be in compliance with state statutes, local ordinances and the state
building code.

(b)
The landlord may specify the people to perform the repair work if the landlord’s
specifications are reasonable and do not diminish the tenant’s rights under
this section.

(c)
The tenant may not perform work to repair the defect.

(d)
To deduct the repair cost from the rent, the tenant must provide to the
landlord a written statement, prepared by the person who made the repair,
showing the actual cost of the repair.

(5)
A tenant may not cause the repair of a defect under this section if:

(a)
Within the time specified in the notice, the landlord substantially repairs the
defect;

(b)
After the time specified in the notice, but before the tenant causes the repair
to be made, the landlord substantially repairs the defect;

(c)
The tenant has prevented the landlord from making the repair;

(d)
The defect was caused by a deliberate or negligent act or omission of the
tenant or of a person on the premises with the tenant’s consent;

(e)
The tenant knew of the defect for more than six months before giving notice
under this section; or

(f)
The tenant has previously used the remedy provided by this section for the same
occurrence of the defect.

(6)
If the tenant proceeds under this section, the tenant may not proceed under ORS
90.360 (1) as to that breach, but may use any other available remedy in
addition to the remedy provided by this section. [2007 c.508 §2]

90.370
Tenant counterclaims in action by landlord for possession or rent. (1)(a) In an
action for possession based upon nonpayment of the rent or in an action for
rent when the tenant is in possession, the tenant may counterclaim for any
amount, not in excess of the jurisdictional limits of the court in which the
action is brought, that the tenant may recover under the rental agreement or
this chapter, provided that the tenant must prove that prior to the filing of
the landlord’s action the landlord reasonably had or should have had knowledge
or had received actual notice of the facts that constitute the tenant’s
counterclaim.

(b)
In the event the tenant counterclaims, the court at the landlord’s or tenant’s
request may order the tenant to pay into court all or part of the rent accrued
and thereafter accruing, and shall determine the amount due to each party. The
party to whom a net amount is owed shall be paid first from the money paid into
court, and shall be paid the balance by the other party. The court may at any
time release money paid into court to either party if the parties agree or if
the court finds such party to be entitled to the sum so released. If no rent
remains due after application of this section and unless otherwise agreed
between the parties, a judgment shall be entered for the tenant in the action
for possession.

(2)
In an action for rent when the tenant is not in possession, the tenant may
counterclaim as provided in subsection (1) of this section but is not required
to pay any rent into court.

(3)
If the tenant does not comply with an order to pay rent into the court as
provided in subsection (1) of this section, the tenant shall not be permitted
to assert a counterclaim in the action for possession.

(4)
If the total amount found due to the tenant on any counterclaims is less than
any rent found due to the landlord, and the tenant retains possession solely
because the tenant paid rent into court under subsection (1) of this section,
no attorney fees shall be awarded to the tenant unless the tenant paid at least
the balance found due to the landlord into court no later than the commencement
of the trial.

(5)
When a tenant is granted a continuance for a longer period than two days, and
has not been ordered to pay rent into court under subsection (1) of this
section, the tenant shall be ordered to pay rent into court under ORS 105.140
(2). [Formerly 91.810; 1993 c.369 §9; 1995 c.559 §22]

90.375
Effect of unlawful ouster or exclusion; willful diminution of services. If a landlord
unlawfully removes or excludes the tenant from the premises, seriously attempts
or seriously threatens unlawfully to remove or exclude the tenant from the
premises or willfully diminishes or seriously attempts or seriously threatens
unlawfully to diminish services to the tenant by interrupting or causing the
interruption of heat, running water, hot water, electric or other essential
service, the tenant may obtain injunctive relief to recover possession or may
terminate the rental agreement and recover an amount up to two months’ periodic
rent or twice the actual damages sustained by the tenant, whichever is greater.
If the rental agreement is terminated the landlord shall return all security
deposits and prepaid rent recoverable under ORS 90.300. The tenant need not
terminate the rental agreement, obtain injunctive relief or recover possession
to recover damages under this section. [Formerly 91.815; 1993 c.369 §10; 1995
c.559 §23; 1997 c.577 §21]

90.380
Effect of rental of dwelling in violation of building or housing codes; remedy. (1) As used in
this section, “posted” means that a governmental agency has attached a copy of
the agency’s written determination in a secure manner to the main entrance of
the dwelling unit or to the premises or building of which the dwelling unit is
a part.

(2)(a)
If a governmental agency has posted a dwelling unit as unsafe and unlawful to
occupy due to the existence of conditions that violate state or local law and
materially affect health or safety to an extent that, in the agency’s
determination, the tenant must vacate the unit and another person may not take
possession of the unit, a landlord may not continue a tenancy or enter into a
new tenancy for the dwelling unit until the landlord corrects the conditions that
led to the agency’s determination.

(b)
If a landlord knowingly violates paragraph (a) of this subsection, the tenant
may immediately terminate the tenancy by giving the landlord actual notice of
the termination and the reason for the termination and may recover from the
landlord either two months’ periodic rent or up to twice the actual damages
sustained by the tenant as a result of the violation, whichever is greater. The
tenant need not terminate the tenancy to recover damages under this section.

(3)(a)
If a governmental agency has given a written notice to a landlord that a
dwelling unit has been determined to be unlawful, but not unsafe, to occupy due
to the existence of conditions that violate state or local law and materially
affect health or safety to an extent that, in the agency’s determination,
although the unit is safe for an existing tenant to occupy, another person may
not take possession of the unit, the landlord may not enter into a new tenancy
for the dwelling unit until the landlord corrects the conditions that led to
the agency’s determination.

(b)
If a landlord knowingly violates paragraph (a) of this subsection, the tenant
may recover from the landlord either two months’ periodic rent or up to twice
the actual damages sustained by the tenant as a result of the violation,
whichever is greater.

(c)
Notwithstanding paragraph (b) of this subsection, a landlord is not liable to a
tenant for a violation of paragraph (a) of this subsection if, prior to the
commencement of the tenancy, the landlord discloses to the tenant that the
dwelling unit has been determined to be unlawful to occupy.

(d)
A disclosure described in paragraph (c) of this subsection must be in writing,
include a description of the conditions that led to the agency’s determination
and state that the landlord is obligated to correct the conditions before
entering into a new tenancy. The landlord shall attach a copy of the agency’s
notice to the disclosure. The notice copy may provide the information required
by this paragraph to be disclosed by the landlord to the tenant.

(e)
A disclosure described in paragraph (c) of this subsection does not release the
landlord from the duties imposed by this chapter, including the duty to
maintain the dwelling unit in a habitable condition pursuant to ORS 90.320 or
90.730. A tenant who enters into a tenancy after the landlord’s disclosure does
not waive the tenant’s other remedies under this chapter. The disclosure does
not prevent the governmental agency that made the determination from imposing
on the landlord any penalty authorized by law for entering into the new
tenancy.

(4)(a)
If a governmental agency has made a determination regarding a dwelling unit and
has posted or given notice for conditions described in subsection (2)(a) or (3)(a)
of this section, a landlord may not accept from an applicant for that dwelling
unit a deposit to secure the execution of a rental agreement pursuant to ORS
90.297 unless, before accepting the deposit, the landlord discloses to the
applicant as provided by subsection (3)(c) of this section that the dwelling
unit has been determined to be unlawful to occupy.

(b)
If a landlord knowingly violates paragraph (a) of this subsection or fails to
correct the conditions leading to the agency’s determination before the date a
new tenancy is to begin as provided by the agreement to secure the execution of
a rental agreement, an applicant may terminate the agreement to secure the
execution of the rental agreement by giving the landlord actual notice of the
termination and the reason for termination. As a result of a termination, the
applicant may recover from the landlord an amount equal to twice the deposit.
If an applicant recovers damages for a violation pursuant to this paragraph,
the applicant may not recover any amounts under ORS 90.297.

(5)
If, after a landlord and a tenant have entered into a tenancy, a governmental
agency posts a dwelling unit as unsafe and unlawful to occupy due to the
existence of conditions that violate state or local law, that materially affect
health or safety and that:

(a)
Were not caused by the tenant, the tenant may immediately terminate the tenancy
by giving the landlord actual notice of the termination and the reason for the
termination; or

(b)
Were not caused by the landlord or by the landlord’s failure to maintain the
dwelling, the landlord may terminate the tenancy by giving the tenant 24 hours’
written notice of the termination and the reason for the termination, after
which the landlord may take possession in the manner provided in ORS 105.105 to
105.168.

(6)
If the tenancy is terminated, as a result of conditions as described in
subsections (2), (4) and (5) of this section, within 14 days of the notice of
termination the landlord shall return to the applicant or tenant:

(a)
All of the deposit to secure the execution of a rental agreement, security
deposit or prepaid rent owed to the applicant under this section or to the
tenant under ORS 90.300; and

(b)
All rent prepaid for the month in which the termination occurs, prorated, if
applicable, to the date of termination or the date the tenant vacates the
premises, whichever is later.

(7)
If conditions at premises that existed at the outset of the tenancy and that
were not caused by the tenant pose an imminent and serious threat to the health
or safety of occupants of the premises within six months from the beginning of
the tenancy, the tenant may immediately terminate the rental agreement by
giving the landlord actual notice of the termination and the reason for the
termination. In addition, if the landlord knew or should have reasonably known
of the existence of the conditions, the tenant may recover either two months’
periodic rent or twice the actual damages sustained by the tenant as a result
of the violation, whichever is greater. The tenant need not terminate the
rental agreement to recover damages under this section. Within four days of the
tenant’s notice of termination, the landlord shall return to the tenant:

(a)
All of the security deposit or prepaid rent owed to the tenant under ORS
90.300; and

(b)
All rent prepaid for the month in which the termination occurs, prorated to the
date of termination or the date the tenant vacates the premises, whichever is
later.

(8)(a)
A landlord shall return the money due the applicant or tenant under subsections
(6) and (7) of this section either by making the money available to the
applicant or tenant at the landlord’s customary place of business or by mailing
the money by first class mail to the applicant or tenant.

(b)
The applicant or tenant has the option of choosing the method for return of any
money due under this section. If the applicant or tenant fails to choose one of
these methods at the time of giving the notice of termination, the landlord
shall use the mail method, addressed to the last-known address of the applicant
or tenant and mailed within the relevant four-day or 14-day period following
the applicant’s or tenant’s notice.

(9)
If the landlord fails to comply with subsection (8) of this section, the
applicant or tenant may recover the money due in an amount equal to twice the
amount due. [Formerly 91.817; 1993 c.369 §11; 1995 c.559 §24; 2001 c.596 §32]

90.385
Retaliatory conduct by landlord; tenant remedies and defenses; action for possession
in certain cases.
(1) Except as provided in this section, a landlord may not retaliate by
increasing rent or decreasing services, by serving a notice to terminate the
tenancy or by bringing or threatening to bring an action for possession after:

(a)
The tenant has complained to, or expressed to the landlord in writing an
intention to complain to, a governmental agency charged with responsibility for
enforcement of any of the following concerning a violation applicable to the
tenancy:

(b)
The tenant has made any complaint to the landlord that is in good faith and related
to the tenancy;

(c)
The tenant has organized or become a member of a tenants’ union or similar
organization;

(d)
The tenant has testified against the landlord in any judicial, administrative
or legislative proceeding;

(e)
The tenant successfully defended an action for possession brought by the
landlord within the previous six months except if the tenant was successful in
defending the action only because:

(A)
The termination notice by the landlord was not served or delivered in the
manner required by ORS 90.155; or

(B)
The period provided by the termination notice was less than that required by
the statute upon which the notice relied to terminate the tenancy; or

(f)
The tenant has performed or expressed intent to perform any other act for the purpose
of asserting, protecting or invoking the protection of any right secured to
tenants under any federal, state or local law.

(2)
As used in subsection (1) of this section, “decreasing services” includes:

(a)
Unreasonably restricting the availability of or placing unreasonable burdens on
the use of common areas or facilities by tenant associations or tenants meeting
to establish a tenant organization; and

(b)
Intentionally and unreasonably interfering with and substantially impairing the
enjoyment or use of the premises by the tenant.

(3)
If the landlord acts in violation of subsection (1) of this section the tenant
is entitled to the remedies provided in ORS 90.375 and has a defense in any
retaliatory action against the tenant for possession.

(4)
Notwithstanding subsections (1) and (3) of this section, a landlord may bring
an action for possession if:

(a)
The complaint by the tenant was made to the landlord or an agent of the
landlord in an unreasonable manner or at an unreasonable time or was repeated
in a manner having the effect of unreasonably harassing the landlord. A
determination whether the manner, time or effect of a complaint was
unreasonable shall include consideration of all related circumstances preceding
or contemporaneous to the complaint;

(b)
The violation of the applicable building or housing code was caused primarily
by lack of reasonable care by the tenant or other person in the household of
the tenant or upon the premises with the consent of the tenant;

(c)
The tenant was in default in rent at the time of the service of the notice upon
which the action is based; or

(d)
Compliance with the applicable building or housing code requires alteration,
remodeling or demolition which would effectively deprive the tenant of use of
the dwelling unit.

(5)
For purposes of this section, a complaint made by another on behalf of a tenant
is considered a complaint by the tenant.

(6)
For the purposes of subsection (4)(c) of this section, a tenant who has paid
rent into court pursuant to ORS 90.370 shall not be considered to be in default
in rent.

90.390
Discrimination against tenant or applicant; tenant defense. (1) A landlord
may not discriminate against a tenant in violation of local, state or federal
law, including ORS 659A.145 and 659A.421.

(2)
If the tenant can prove that the landlord violated subsection (1) of this
section, the tenant has a defense in any discriminatory action brought by the
landlord against the tenant for possession, unless the tenant is in default in
rent.

90.392
Termination of rental agreement by landlord for cause; tenant right to cure
violation.
(1) Except as provided in this chapter, after delivery of written notice a landlord
may terminate the rental agreement for cause and take possession as provided in
ORS 105.105 to 105.168, unless the tenant cures the violation as provided in
this section.

(2)
Causes for termination under this section are:

(a)
Material violation by the tenant of the rental agreement. For purposes of this
paragraph, material violation of the rental agreement includes, but is not
limited to, the nonpayment of a late charge under ORS 90.260 or a utility or
service charge under ORS 90.315.

(b)
Material violation by the tenant of ORS 90.325.

(c)
Failure by the tenant to pay rent.

(3)
The notice must:

(a)
Specify the acts and omissions constituting the violation;

(b)
Except as provided in subsection (5)(a) of this section, state that the rental
agreement will terminate upon a designated date not less than 30 days after
delivery of the notice; and

(c)
If the tenant can cure the violation as provided in subsection (4) of this
section, state that the violation can be cured, describe at least one possible remedy
to cure the violation and designate the date by which the tenant must cure the
violation.

(4)(a)
If the violation described in the notice can be cured by the tenant by a change
in conduct, repairs, payment of money or otherwise, the rental agreement does
not terminate if the tenant cures the violation by the designated date. The
designated date must be:

(A)
At least 14 days after delivery of the notice; or

(B)
If the violation is conduct that was a separate and distinct act or omission
and is not ongoing, no earlier than the date of delivery of the notice as
provided in ORS 90.155. For purposes of this paragraph, conduct is ongoing if
the conduct is constant or persistent or has been sufficiently repetitive over
time that a reasonable person would consider the conduct to be ongoing.

(b)
If the tenant does not cure the violation, the rental agreement terminates as
provided in the notice.

(5)(a)
If the cause of a written notice delivered under subsection (1) of this section
is substantially the same act or omission that constituted a prior violation
for which notice was given under this section within the previous six months,
the designated termination date stated in the notice must be not less than 10
days after delivery of the notice and no earlier than the designated
termination date stated in the previously given notice. The tenant does not
have a right to cure this subsequent violation.

(b)
A landlord may not terminate a rental agreement under this subsection if the
only violation is a failure to pay the current month’s rent.

(6)
When a tenancy is a week-to-week tenancy, the notice period in:

(a)
Subsection (3)(b) of this section changes from 30 days to seven days;

(b)
Subsection (4)(a)(A) of this section changes from 14 days to four days; and

(c)
Subsection (5)(a) of this section changes from 10 days to four days.

(7)
The termination of a tenancy for a manufactured dwelling or floating home space
in a facility under ORS 90.505 to 90.840 is governed by ORS 90.630 and not by
this section. [2005 c.391 §7]

90.394
Termination of rental agreement for failure to pay rent. The landlord
may terminate the rental agreement for nonpayment of rent and take possession
as provided in ORS 105.105 to 105.168, as follows:

(1)
When the tenancy is a week-to-week tenancy, by delivering to the tenant at
least 72 hours’ written notice of nonpayment and the landlord’s intention to
terminate the rental agreement if the rent is not paid within that period. The
landlord shall give this notice no sooner than on the fifth day of the rental
period, including the first day the rent is due.

(2)
For all tenancies other than week-to-week tenancies, by delivering to the
tenant:

(a)
At least 72 hours’ written notice of nonpayment and the landlord’s intention to
terminate the rental agreement if the rent is not paid within that period. The
landlord shall give this notice no sooner than on the eighth day of the rental
period, including the first day the rent is due; or

(b)
At least 144 hours’ written notice of nonpayment and the landlord’s intention
to terminate the rental agreement if the rent is not paid within that period.
The landlord shall give this notice no sooner than on the fifth day of the
rental period, including the first day the rent is due.

(3)
The notice described in this section must also specify the amount of rent that
must be paid and the date and time by which the tenant must pay the rent to
cure the nonpayment of rent.

(4)
Payment by a tenant who has received a notice under this section is timely if
mailed to the landlord within the period of the notice unless:

(a)
The notice is served on the tenant:

(A)
By personal delivery as provided in ORS 90.155 (1)(a); or

(B)
By first class mail and attachment as provided in ORS 90.155 (1)(c);

(b)
A written rental agreement and the notice expressly state that payment is to be
made at a specified location that is either on the premises or at a place where
the tenant has made all previous rent payments in person; and

(c)
The place so specified is available to the tenant for payment throughout the
period of the notice. [2005 c.391 §8]

90.396
Acts or omissions justifying termination 24 hours after notice. (1) Except as
provided in subsection (2) of this section, after at least 24 hours’ written
notice specifying the acts and omissions constituting the cause and specifying
the date and time of the termination, the landlord may terminate the rental
agreement and take possession as provided in ORS 105.105 to 105.168, if:

(a)
The tenant, someone in the tenant’s control or the tenant’s pet seriously
threatens to inflict substantial personal injury, or inflicts any substantial
personal injury, upon a person on the premises other than the tenant;

(b)
The tenant or someone in the tenant’s control recklessly endangers a person on
the premises other than the tenant by creating a serious risk of substantial
personal injury;

(c)
The tenant, someone in the tenant’s control or the tenant’s pet inflicts any
substantial personal injury upon a neighbor living in the immediate vicinity of
the premises;

(d)
The tenant or someone in the tenant’s control intentionally inflicts any
substantial damage to the premises or the tenant’s pet inflicts substantial
damage to the premises on more than one occasion;

(e)(A)
The tenant intentionally provided substantial false information on the
application for the tenancy within the past year;

(B)
The false information was with regard to a criminal conviction of the tenant
that would have been material to the landlord’s acceptance of the application;
and

(C)
The landlord terminates the rental agreement within 30 days after discovering
the falsity of the information; or

(f)
The tenant, someone in the tenant’s control or the tenant’s pet commits any act
that is outrageous in the extreme, on the premises or in the immediate vicinity
of the premises. For purposes of this paragraph, an act is outrageous in the
extreme if the act is not described in paragraphs (a) to (e) of this
subsection, but is similar in degree and is one that a reasonable person in
that community would consider to be so offensive as to warrant termination of
the tenancy within 24 hours, considering the seriousness of the act or the risk
to others. An act that is outrageous in the extreme is more extreme or serious
than an act that warrants a 30-day termination under ORS 90.392. Acts that are “outrageous
in the extreme” include, but are not limited to, the following acts by a
person:

(A)
Prostitution, patronizing a prostitute or promoting prostitution, as described
in ORS 167.007, 167.008 and 167.012;

(B)
Manufacture, delivery or possession of a controlled substance, as described in
ORS 475.005, but not including:

(i)
The medical use of marijuana in compliance with ORS 475.300 to 475.346;

(ii)
Possession of, or delivery for no consideration of, less than one avoirdupois
ounce of marijuana as described in ORS 475.860 (3) or 475.864 (3); or

(iii)
Possession of prescription drugs;

(C)
Intimidation, as described in ORS 166.155 and 166.165; or

(D)
Burglary as described in ORS 164.215 and 164.225.

(2)
If the cause for a termination notice given pursuant to subsection (1) of this
section is based upon the acts of the tenant’s pet, the tenant may cure the
cause and avoid termination of the tenancy by removing the pet from the
premises prior to the end of the notice period. The notice must describe the
right of the tenant to cure the cause. If the tenant returns the pet to the
premises at any time after having cured the violation, the landlord, after at least
24 hours’ written notice specifying the subsequent presence of the offending
pet, may terminate the rental agreement and take possession as provided in ORS
105.105 to 105.168. The tenant does not have a right to cure this subsequent
violation.

(3)
For purposes of subsection (1) of this section, someone is in the tenant’s
control if that person enters or remains on the premises with the tenant’s
permission or consent after the tenant reasonably knows or should know of that
person’s act or likelihood to commit any act of the type described in
subsection (1) of this section.

(4)
An act can be proven to be outrageous in the extreme even if the act is one
that does not violate a criminal statute. Notwithstanding the references to
criminal statutes in subsection (1)(f) of this section, the landlord’s burden
of proof in an action for possession under subsection (1) of this section is
the civil standard of proof by a preponderance of the evidence.

(5)
If a good faith effort by a landlord to terminate the tenancy under subsection
(1)(f) of this section and to recover possession of the rental unit under ORS
105.105 to 105.168 fails by decision of the court, the landlord may not be
found in violation of any state statute or local ordinance requiring the
landlord to remove that tenant upon threat of fine, abatement or forfeiture as
long as the landlord continues to make a good faith effort to terminate the
tenancy. [2005 c.391 §9; 2007 c.71 §23; 2011 c.151 §5]

90.398
Termination of rental agreement for drug or alcohol violations. (1) If a tenant
living for less than two years in drug and alcohol free housing uses, possesses
or shares alcohol, illegal drugs, controlled substances or prescription drugs
without a medical prescription, the landlord may deliver a written notice to
the tenant terminating the tenancy for cause and take possession as provided in
ORS 105.105 to 105.168. The notice must specify the acts constituting the drug
or alcohol violation and state that the rental agreement will terminate in not
less than 48 hours after delivery of the notice, at a specified date and time.
The notice must also state that the tenant can cure the drug or alcohol
violation by a change in conduct or otherwise within 24 hours after delivery of
the notice.

(2)
If the tenant cures the violation within the 24-hour period, the rental
agreement does not terminate. If the tenant does not cure the violation within
the 24-hour period, the rental agreement terminates as provided in the notice.

(3)
If substantially the same act that constituted a prior drug or alcohol
violation of which notice was given reoccurs within six months, the landlord
may terminate the rental agreement upon at least 24 hours’ written notice
specifying the violation and the date and time of termination of the rental
agreement. The tenant does not have a right to cure this subsequent violation. [2005
c.391 §10]

90.401
Remedies available to landlord. Except as provided in this chapter:

(1)
A landlord may pursue any one or more of the remedies set forth in ORS 90.392,
90.394, 90.396, 90.398, 90.403 and 90.405, simultaneously or sequentially.

(2)
In addition to the remedies provided in ORS 90.392, 90.394, 90.396 and 90.398,
a landlord may recover damages and obtain injunctive relief for any
noncompliance by the tenant with the rental agreement or ORS 90.325 or 90.740. [2005
c.391 §11]

90.402 [1993 c.369 §25;
1995 c.559 §27; renumbered 90.160 in 1995]

90.403
Taking possession of premises from unauthorized possessor. (1) If an
unauthorized person is in possession of the premises, after at least 24 hours’
written notice specifying the cause and the date and time by which the person
must vacate, a landlord may take possession as provided in ORS 105.105 to
105.168 if:

(a)
The tenant has vacated the premises;

(b)
The rental agreement with the tenant prohibited subleasing or allowing another
person to occupy the premises without the written permission of the landlord;
and

(c)
The landlord has not knowingly accepted rent from the person in possession of
the premises.

(2)
Service of notice under this section does not create a right of tenancy for the
person in possession of the premises. [2005 c.391 §12]

90.405
Effect of tenant keeping unpermitted pet. (1) If the tenant, in violation
of the rental agreement, keeps on the premises a pet capable of causing damage
to persons or property, the landlord may deliver a written notice specifying
the violation and stating that the tenancy will terminate upon a date not less
than 10 days after the delivery of the notice unless the tenant removes the pet
from the premises prior to the termination date specified in the notice. If the
pet is not removed by the date specified, the tenancy shall terminate and the
landlord may take possession in the manner provided in ORS 105.105 to 105.168.

(2)
For purposes of this section, “a pet capable of causing damage to persons or
property” means an animal that, because of the nature, size or behavioral
characteristics of that particular animal or of that breed or type of animal
generally, a reasonable person might consider to be capable of causing personal
injury or property damage, including but not limited to, water damage from
medium or larger sized fish tanks or other personal injury or property damage
arising from the environment in which the animal is kept.

(3)
If substantially the same act that constituted a prior noncompliance of which
notice was given under subsection (1) of this section recurs within six months,
the landlord may terminate the rental agreement upon at least 10 days’ written
notice specifying the breach and the date of termination of the rental
agreement.

90.410
Effect of tenant failure to give notice of absence; absence; abandonment. (1) If the
rental agreement requires the tenant to give actual notice to the landlord of
an anticipated extended absence in excess of seven days as permitted by ORS
90.340 and the tenant willfully fails to do so, the landlord may recover actual
damages from the tenant.

(2)
During any absence of the tenant in excess of seven days, the landlord may
enter the dwelling unit at times reasonably necessary.

(3)
If the tenant abandons the dwelling unit, the landlord shall make reasonable
efforts to rent it for a fair rental. If the landlord rents the dwelling unit
for a term beginning before the expiration of the rental agreement, the rental
agreement terminates as of the date of the new tenancy. If the landlord fails
to use reasonable efforts to rent the dwelling unit at a fair rental or if the
landlord accepts the abandonment as a surrender, the rental agreement is deemed
to be terminated by the landlord as of the date the landlord knows or should
know of the abandonment. If the tenancy is from month to month or week to week,
the term of the rental agreement for this purpose is deemed to be a month or a
week, as the case may be. [Formerly 91.825; 1993 c.369 §13; 1995 c.559 §29;
1999 c.603 §26]

90.412
Waiver of termination of tenancy. (1) As used in this section and ORS
90.414 and 90.417, “rent” does not include funds paid under the United States
Housing Act of 1937 (42 U.S.C. 1437f).

(2)
Except as otherwise provided in this section, a landlord waives the right to
terminate a rental agreement for a particular violation of the rental agreement
or of law if the landlord:

(a)
During three or more separate rental periods, accepts rent with knowledge of
the violation by the tenant; or

(b)
Accepts performance by a tenant that varies from the terms of the rental
agreement.

(3)
A landlord has not accepted rent for purposes of subsection (2) of this section
if:

(a)
Within 10 days after receipt of the rent payment, the landlord refunds the
rent; or

(b)
The rent payment is made in the form of a check that is dishonored.

(4)
A landlord does not waive the right to terminate a rental agreement for a
violation under any of the following circumstances:

(a)
The landlord and tenant agree otherwise after the violation has occurred.

(b)
The violation concerns the tenant’s conduct and, following the violation but
prior to acceptance of rent for three rental periods or performance as
described in subsection (2) of this section, the landlord gives a written
warning notice to the tenant regarding the violation that:

(A)
Describes specifically the conduct that constitutes the violation, either as a
separate and distinct violation, a series or group of violations or a
continuous or ongoing violation;

(B)
States that the tenant is required to discontinue the conduct or correct the
violation; and

(C)
States that a reoccurrence of the conduct that constitutes a violation may
result in a termination of the tenancy pursuant to ORS 90.392, 90.398, 90.405
or 90.630.

(c)
The tenancy consists of rented space for a manufactured dwelling or floating
home as described in ORS 90.505, and the violation concerns:

(A)
Disrepair or deterioration of the manufactured dwelling or floating home
pursuant to ORS 90.632; or

(B)
A failure to maintain the rented space, as provided by ORS 90.740 (2), (4)(b)
and (4)(h) and (i).

(d)
The termination is under ORS 90.396.

(e)
The landlord accepts:

(A)
A last month’s rent deposit collected at the beginning of the tenancy,
regardless of whether the deposit covers a period beyond a termination date;

(B)
Rent distributed pursuant to a court order releasing money paid into court as
provided by ORS 90.370 (1); or

(C)
Rent paid for a rent obligation not yet due and paid more than one rental
period in advance.

(5)
For a continuous or ongoing violation, the landlord’s written warning notice
under subsection (4)(b) of this section remains effective for 12 months and may
be renewed with a new warning notice before the end of the 12 months.

(6)
A landlord that must refund rent under this section shall make the refund to
the tenant or other payer by personal delivery or first class mail. The refund
may be in the form of the tenant’s or other payer’s check or in any other form
of check or money. [2007 c.906 §27; 2013 c.443 §7]

90.414
Acts not constituting waiver of termination of tenancy; delivery of rent
refund.
(1) If a notice of termination has been given by the landlord or the tenant,
the following do not waive the right of the landlord to terminate on the notice
and do not reinstate the tenancy:

(a)
Except when the notice is a nonpayment of rent termination notice under ORS
90.394, the acceptance of rent if:

(A)
The rent is prorated to the termination date specified in the notice; or

(B)
The landlord refunds at least the unused balance of the rent prorated for the
period beyond the termination date within 10 days after receiving the rent
payment.

(b)
Except if the termination is for cause under ORS 90.392, 90.398, 90.405, 90.630
or 90.632, the acceptance of rent for a rental period that extends beyond the
termination date in the notice, if the landlord refunds at least the unused
balance of the rent for the period beyond the termination date within 10 days
after the end of the remedy or correction period described in the applicable
notice.

(c)
If the termination is for cause under ORS 90.392, 90.398, 90.405, 90.630 or
90.632 and proceedings have commenced under ORS 105.105 to 105.168 to recover
possession of the premises based on the termination:

(A)
The acceptance of rent for a period beyond the expiration of the notice of
termination during which the tenant remains in possession if:

(i)
The landlord notifies the tenant in writing in, or after the service of, the
notice of termination for cause that the acceptance of rent while an action for
possession is pending will not waive the right to terminate under the notice;
and

(ii)
The rent does not cover a period that extends beyond the date the rent payment
is accepted.

(B)
Service of a nonpayment of rent termination notice under ORS 90.394.

(2)
The following do not waive the right of the landlord to terminate on a notice
of termination given by the landlord or the tenant and do not reinstate a
tenancy:

(a)
The acceptance of a last month’s rent deposit collected at the beginning of the
tenancy, whether or not the deposit covers a period beyond a termination date.

(b)
The acceptance of rent distributed under a court order releasing money that was
paid into the court as provided under ORS 90.370 (1).

(c)
The acceptance of rent paid for a rent obligation not yet due and paid more
than one rental period in advance.

(3)
When a landlord must refund rent under this section, the refund shall be made
to the tenant or other payer by personal delivery or first class mail and may
be in the form of the tenant’s or other payer’s check or in any other form of
check or money. [2007 c.906 §28]

90.417
Duty to pay rent; effect of acceptance of partial rent. (1) A tenant’s
duty regarding rent payments is to tender to the landlord an offer of the full
amount of rent owed within the time allowed by law and by the rental agreement
provisions regarding payment. A landlord may refuse to accept a rent tender
that is for less than the full amount of rent owed or that is untimely.

(2)
A landlord may accept a partial payment of rent. The acceptance of a partial
payment of rent in a manner consistent with subsection (4) of this section does
not constitute a waiver under ORS 90.412 (2)(b) of the landlord’s right to
terminate the tenancy under ORS 90.394 for nonpayment of the balance of the
rent owed.

(3)
A landlord and tenant may by written agreement provide that monthly rent shall
be paid in regular installments of less than a month pursuant to a schedule
specified in the agreement. Installment rent payments described in this
subsection are not partial payment of rent for purposes of this section.

(4)
The acceptance of a partial payment of rent waives the right of the landlord to
terminate the tenant’s rental agreement under ORS 90.394 for nonpayment of rent
unless:

(a)(A)
The landlord accepted the partial payment of rent before the landlord gave a
nonpayment of rent termination notice under ORS 90.394 based on the tenant’s
agreement to pay the balance by a time certain and the tenant does not pay the
balance of the rent as agreed;

(B)
The landlord’s notice of termination is served no earlier than it would have
been permitted under ORS 90.394 had no rent been accepted; and

(C)
The notice permits the tenant to avoid termination of the tenancy for
nonpayment of rent by paying the balance within 72 hours or 144 hours, as the
case may be, or by any date to which the parties agreed, whichever is later; or

(b)
The landlord accepted a partial payment of rent after giving a nonpayment of
rent termination notice under ORS 90.394 and entered into a written agreement
with the tenant that the acceptance does not constitute waiver. The agreement
may provide that the landlord may terminate the rental agreement and take
possession as provided in ORS 105.105 to 105.168 without serving a new notice
under ORS 90.394 if the tenant fails to pay the balance of the rent by a time
certain.

(5)
Application of a tenant’s security deposit or prepaid rent to an obligation
owed to a landlord in foreclosure under ORS 90.367 does not constitute a
partial payment of rent.

(6)
Notwithstanding any acceptance of a partial payment of rent under subsection
(4) of this section, the tenant continues to owe the landlord the unpaid
balance of the rent. [2007 c.906 §29; 2011 c.42 §8a]

90.420
Enforceability of landlord liens; distraint for rent abolished. (1) A lien or
security interest on behalf of the landlord in the tenant’s household goods is
not enforceable unless perfected before October 5, 1973.

(a)
“Current market value” means the amount in cash, as determined by the county
assessor, that could reasonably be expected to be paid for a manufactured
dwelling or floating home by an informed buyer to an informed seller, each
acting without compulsion in an arm’s-length transaction occurring on the
assessment date for the tax year or on the date of a subsequent reappraisal by
the county assessor.

(b)
“Dispose of the personal property” means that, if reasonably appropriate, the
landlord may throw away the property or may give it without consideration to a
nonprofit organization or to a person unrelated to the landlord. The landlord
may not retain the property for personal use or benefit.

(c)
“Goods” includes those goods left inside a recreational vehicle, manufactured
dwelling or floating home or left upon the rental space outside a recreational
vehicle, manufactured dwelling or floating home, whether the recreational
vehicle, dwelling or home is located inside or outside of a facility.

(d)
“Lienholder” means any lienholder of an abandoned recreational vehicle,
manufactured dwelling or floating home, if the lien is of record or the
lienholder is actually known to the landlord.

(e)
“Of record” means:

(A)
For a recreational vehicle that is not a manufactured structure as defined in
ORS 446.561, that a security interest has been properly recorded with the
Department of Transportation pursuant to ORS 802.200 (1)(a)(A) and 803.097.

(B)
For a manufactured dwelling or recreational vehicle that is a manufactured
structure as defined in ORS 446.561, that a security interest has been properly
recorded for the manufactured dwelling or recreational vehicle in the records
of the Department of Consumer and Business Services pursuant to ORS 446.611 or
on a certificate of title issued by the Department of Transportation prior to
May 1, 2005.

(C)
For a floating home, that a security interest has been properly recorded with
the State Marine Board pursuant to ORS 830.740 to 830.755 for a home registered
and titled with the board pursuant to ORS 830.715.

(f)
“Owner” means any owner of an abandoned recreational vehicle, manufactured
dwelling or floating home, if different from the tenant and either of record or
actually known to the landlord.

(g)
“Personal property” means goods, vehicles and recreational vehicles and
includes manufactured dwellings and floating homes not located in a facility. “Personal
property” does not include manufactured dwellings and floating homes located in
a facility and therefore subject to being stored, sold or disposed of as
provided under ORS 90.675.

(2)
A landlord is responsible for abandoned personal property and shall store, sell
or dispose of abandoned personal property as provided by this section. This
section governs the rights and obligations of landlords, tenants and any
lienholders or owners in any personal property abandoned or left upon the premises
by the tenant or any lienholder or owner in the following circumstances:

(a)
The tenancy has ended by termination or expiration of a rental agreement or by
relinquishment or abandonment of the premises and the landlord reasonably
believes under all the circumstances that the tenant has left the personal
property upon the premises with no intention of asserting any further claim to
the premises or to the personal property;

(b)
The tenant has been absent from the premises continuously for seven days after
termination of a tenancy by a court order that has not been executed; or

(c)
The landlord receives possession of the premises from the sheriff following
restitution pursuant to ORS 105.161.

(3)
Prior to storing, selling or disposing of the tenant’s personal property under
this section, the landlord must give a written notice to the tenant that must
be:

(a)
Personally delivered to the tenant; or

(b)
Sent by first class mail addressed and mailed to the tenant at:

(A)
The premises;

(B)
Any post-office box held by the tenant and actually known to the landlord; and

(C)
The most recent forwarding address if provided by the tenant or actually known
to the landlord.

(4)(a)
In addition to the notice required by subsection (3) of this section, in the
case of an abandoned recreational vehicle, manufactured dwelling or floating
home, a landlord shall also give a copy of the notice described in subsection
(3) of this section to:

(A)
Any lienholder of the recreational vehicle, manufactured dwelling or floating
home;

(B)
Any owner of the recreational vehicle, manufactured dwelling or floating home;

(C)
The tax collector of the county where the manufactured dwelling or floating
home is located; and

(D)
The assessor of the county where the manufactured dwelling or floating home is
located.

(b)
The landlord shall give the notice copy required by this subsection by personal
delivery or first class mail, except that for any lienholder, mail service must
be both by first class mail and by certified mail with return receipt
requested.

(c)
A notice to lienholders under paragraph (a)(A) of this subsection must be sent
to each lienholder at each address:

(A)
Actually known to the landlord;

(B)
Of record; and

(C)
Provided to the landlord by the lienholder in a written notice that identifies
the personal property subject to the lien and that was sent to the landlord by
certified mail with return receipt requested within the preceding five years.
The notice must identify the personal property by describing the physical
address of the property.

(5)
The notice required under subsection (3) of this section must state that:

(a)
The personal property left upon the premises is considered abandoned;

(b)
The tenant or any lienholder or owner must contact the landlord by a specified
date, as provided in subsection (6) of this section, to arrange for the removal
of the abandoned personal property;

(c)
The personal property is stored at a place of safekeeping, except that if the
property includes a manufactured dwelling or floating home, the dwelling or
home must be stored on the rented space;

(d)
The tenant or any lienholder or owner, except as provided by subsection (18) of
this section, may arrange for removal of the personal property by contacting
the landlord at a described telephone number or address on or before the
specified date;

(e)
The landlord shall make the personal property available for removal by the
tenant or any lienholder or owner, except as provided by subsection (18) of
this section, by appointment at reasonable times;

(f)
If the personal property is considered to be abandoned pursuant to subsection
(2)(a) or (b) of this section, the landlord may require payment of removal and
storage charges, as provided by subsection (7)(d) of this section, prior to releasing
the personal property to the tenant or any lienholder or owner;

(g)
If the personal property is considered to be abandoned pursuant to subsection
(2)(c) of this section, the landlord may not require payment of storage charges
prior to releasing the personal property;

(h)
If the tenant or any lienholder or owner fails to contact the landlord by the
specified date, or after that contact, fails to remove the personal property
within 30 days for recreational vehicles, manufactured dwellings and floating
homes or 15 days for all other personal property, the landlord may sell or
dispose of the personal property. If the landlord reasonably believes that the
personal property will be eligible for disposal pursuant to subsection (10)(b)
of this section and the landlord intends to dispose of the property if the
property is not claimed, the notice shall state that belief and intent; and

(i)
If the personal property includes a recreational vehicle, manufactured dwelling
or floating home and if applicable, there is a lienholder or owner that has a
right to claim the recreational vehicle, dwelling or home, except as provided
by subsection (18) of this section.

(6)
For purposes of subsection (5) of this section, the specified date by which a
tenant, lienholder or owner must contact a landlord to arrange for the
disposition of abandoned personal property is:

(a)
For abandoned recreational vehicles, manufactured dwellings or floating homes,
not less than 45 days after personal delivery or mailing of the notice; or

(b)
For all other abandoned personal property, not less than five days after
personal delivery or eight days after mailing of the notice.

(7)
After notifying the tenant as required by subsection (3) of this section, the
landlord:

(a)
Shall store any abandoned manufactured dwelling or floating home on the rented
space and shall exercise reasonable care for the dwelling or home;

(b)
Shall store all other abandoned personal property of the tenant, including
goods left inside a recreational vehicle, manufactured dwelling or floating
home or left upon the rented space outside a recreational vehicle, dwelling or
home, in a place of safekeeping and shall exercise reasonable care for the
personal property, except that the landlord may:

(A)
Promptly dispose of rotting food; and

(B)
Allow an animal control agency to remove any abandoned pets or livestock. If an
animal control agency will not remove the abandoned pets or livestock, the
landlord shall exercise reasonable care for the animals given all the circumstances,
including the type and condition of the animals, and may give the animals to an
agency that is willing and able to care for the animals, such as a humane
society or similar organization;

(c)
Except for manufactured dwellings and floating homes, may store the abandoned
personal property at the dwelling unit, move and store it elsewhere on the
premises or move and store it at a commercial storage company or other place of
safekeeping; and

(d)
Is entitled to reasonable or actual storage charges and costs incidental to
storage or disposal, including any cost of removal to a place of storage. In
the case of an abandoned manufactured dwelling or floating home, the storage
charge may be no greater than the monthly space rent last payable by the
tenant.

(8)
If a tenant, lienholder or owner, upon the receipt of the notice provided by
subsection (3) or (4) of this section or otherwise, responds by actual notice
to the landlord on or before the specified date in the landlord’s notice that
the tenant, lienholder or owner intends to remove the personal property from
the premises or from the place of safekeeping, the landlord must make that
personal property available for removal by the tenant, lienholder or owner by
appointment at reasonable times during the 15 days or, in the case of a
recreational vehicle, manufactured dwelling or floating home, 30 days following
the date of the response, subject to subsection (18) of this section. If the
personal property is considered to be abandoned pursuant to subsection (2)(a)
or (b) of this section, but not pursuant to subsection (2)(c) of this section,
the landlord may require payment of removal and storage charges, as provided in
subsection (7)(d) of this section, prior to allowing the tenant, lienholder or
owner to remove the personal property. Acceptance by a landlord of such payment
does not operate to create or reinstate a tenancy or create a waiver pursuant
to ORS 90.412 or 90.417.

(9)
Except as provided in subsections (18) to (20) of this section, if the tenant,
lienholder or owner of a recreational vehicle, manufactured dwelling or
floating home does not respond within the time provided by the landlord’s
notice, or the tenant, lienholder or owner does not remove the personal
property within the time required by subsection (8) of this section or by any
date agreed to with the landlord, whichever is later, the tenant’s, lienholder’s
or owner’s personal property is conclusively presumed to be abandoned. The
tenant and any lienholder or owner that have been given notice pursuant to
subsection (3) or (4) of this section shall, except with regard to the
distribution of sale proceeds pursuant to subsection (13) of this section, have
no further right, title or interest to the personal property and may not claim
or sell the property.

(10)
If the personal property is presumed to be abandoned under subsection (9) of
this section, the landlord then may:

(a)
Sell the personal property at a public or private sale, provided that prior to
the sale of a recreational vehicle, manufactured dwelling or floating home:

(A)
The landlord may seek to transfer ownership of record of the personal property
by complying with the requirements of the appropriate state agency; and

(B)
The landlord shall:

(i)
Place a notice in a newspaper of general circulation in the county in which the
recreational vehicle, manufactured dwelling or floating home is located. The
notice shall state:

(I)
That the recreational vehicle, manufactured dwelling or floating home is
abandoned;

(II)
The tenant’s and owner’s name, if of record or actually known to the landlord;

(III)
The address and any space number where the recreational vehicle, manufactured
dwelling or floating home is located, and any plate, registration or other
identification number for a recreational vehicle or floating home noted on the
certificate of title, if actually known to the landlord;

(IV)
Whether the sale is by private bidding or public auction;

(V)
Whether the landlord is accepting sealed bids and, if so, the last date on
which bids will be accepted; and

(VI)
The name and telephone number of the person to contact to inspect the
recreational vehicle, manufactured dwelling or floating home;

(ii)
At a reasonable time prior to the sale, give a copy of the notice required by
sub-subparagraph (i) of this subparagraph to the tenant and to any lienholder
and owner, by personal delivery or first class mail, except that for any
lienholder, mail service must be by first class mail with certificate of
mailing;

(iii)
Obtain an affidavit of publication from the newspaper to show that the notice
required under sub-subparagraph (i) of this subparagraph ran in the newspaper
at least one day in each of two consecutive weeks prior to the date scheduled
for the sale or the last date bids will be accepted; and

(iv)
Obtain written proof from the county that all property taxes and assessments on
the manufactured dwelling or floating home have been paid or, if not paid, that
the county has authorized the sale, with the sale proceeds to be distributed pursuant
to subsection (13) of this section;

(b)
Destroy or otherwise dispose of the personal property if the landlord
determines that:

(A)
For a manufactured dwelling or floating home, the current market value of the
property is $8,000 or less as determined by the county assessor; or

(B)
For all other personal property, the reasonable current fair market value is
$1,000 or less or so low that the cost of storage and conducting a public sale
probably exceeds the amount that would be realized from the sale; or

(c)
Consistent with paragraphs (a) and (b) of this subsection, sell certain items
and destroy or otherwise dispose of the remaining personal property.

(11)(a)
A public or private sale authorized by this section must:

(A)
For a recreational vehicle, manufactured dwelling or floating home, be
conducted consistent with the terms listed in subsection (10)(a)(B)(i) of this
section. Every aspect of the sale including the method, manner, time, place and
terms must be commercially reasonable; or

(B)
For all other personal property, be conducted under the provisions of ORS
79.0610.

(b)
If there is no buyer at a sale of a manufactured dwelling or floating home, the
personal property is considered to be worth $8,000 or less, regardless of
current market value, and the landlord shall destroy or otherwise dispose of
the personal property.

(12)
Notwithstanding ORS 446.155 (1) and (2), unless a landlord intentionally
misrepresents the condition of a manufactured dwelling or floating home, the
landlord is not liable for the condition of the dwelling or home to:

(a)
A buyer of the dwelling or home at a sale pursuant to subsection (10)(a) of
this section, with or without consideration; or

(b)
A person or nonprofit organization to whom the landlord gives the dwelling or
home pursuant to subsection (1)(b), (10)(b) or (11)(b) of this section.

(13)(a)
The landlord may deduct from the proceeds of the sale:

(A)
The reasonable or actual cost of notice, storage and sale; and

(B)
Unpaid rent.

(b)
If the sale was of a manufactured dwelling or floating home, after deducting
the amounts listed in paragraph (a) of this subsection, the landlord shall
remit the remaining proceeds, if any, to the county tax collector to the extent
of any unpaid property taxes and assessments owed on the dwelling or home.

(c)
If the sale was of a recreational vehicle, manufactured dwelling or floating
home, after deducting the amounts listed in paragraphs (a) and (b) of this
subsection, if applicable, the landlord shall remit the remaining proceeds, if
any, to any lienholder to the extent of any unpaid balance owed on the lien on
the recreational vehicle, dwelling or home.

(d)
After deducting the amounts listed in paragraphs (a), (b) and (c) of this
subsection, if applicable, the landlord shall remit to the tenant or owner the
remaining proceeds, if any, together with an itemized accounting.

(e)
If the tenant or owner cannot after due diligence be found, the landlord shall
deposit the remaining proceeds with the county treasurer of the county in which
the sale occurred. If not claimed within three years, the deposited proceeds
revert to the general fund of the county and are available for general
purposes.

(14)
The county tax collector shall cancel all unpaid property taxes and assessments
owed on a manufactured dwelling or floating home, as provided under ORS
311.790, only under one of the following circumstances:

(a)
The landlord disposes of the manufactured dwelling or floating home after a
determination described in subsection (10)(b) of this section.

(b)
There is no buyer of the manufactured dwelling or floating home at a sale
described under subsection (11) of this section.

(c)(A)
There is a buyer of the manufactured dwelling or floating home at a sale
described under subsection (11) of this section;

(B)
The current market value of the manufactured dwelling or floating home is
$8,000 or less; and

(C)
The proceeds of the sale are insufficient to satisfy the unpaid property taxes
and assessments owed on the dwelling or home after distribution of the proceeds
pursuant to subsection (13) of this section.

(d)(A)
The landlord buys the manufactured dwelling or floating home at a sale
described under subsection (11) of this section;

(B)
The current market value of the manufactured dwelling or floating home is more
than $8,000;

(C)
The proceeds of the sale are insufficient to satisfy the unpaid property taxes
and assessments owed on the manufactured dwelling or floating home after
distribution of the proceeds pursuant to subsection (13) of this section; and

(D)
The landlord disposes of the manufactured dwelling or floating home.

(15)
The landlord is not responsible for any loss to the tenant, lienholder or owner
resulting from storage of personal property in compliance with this section
unless the loss was caused by the landlord’s deliberate or negligent act. In
the event of a deliberate and malicious violation, the landlord is liable for
twice the actual damages sustained by the tenant, lienholder or owner.

(16)
Complete compliance in good faith with this section shall constitute a complete
defense in any action brought by a tenant, lienholder or owner against a
landlord for loss or damage to such personal property disposed of pursuant to
this section.

(17)
If a landlord does not comply with this section:

(a)
The tenant is relieved of any liability for damage to the premises caused by
conduct that was not deliberate, intentional or grossly negligent and for
unpaid rent and may recover from the landlord up to twice the actual damages
sustained by the tenant;

(b)
A lienholder or owner aggrieved by the noncompliance may recover from the
landlord the actual damages sustained by the lienholder or owner. ORS 90.255
does not authorize an award of attorney fees to the prevailing party in any
action arising under this paragraph; and

(c)
A county tax collector aggrieved by the noncompliance may recover from the
landlord the actual damages sustained by the tax collector, if the
noncompliance is part of an effort by the landlord to defraud the tax collector.
ORS 90.255 does not authorize an award of attorney fees to the prevailing party
in any action arising under this paragraph.

(18)
In the case of an abandoned recreational vehicle, manufactured dwelling or
floating home, the provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned vehicle, dwelling or home also
apply to any lienholder except that the lienholder may not sell or remove the
vehicle, dwelling or home unless:

(a)
The lienholder has foreclosed its lien on the recreational vehicle,
manufactured dwelling or floating home;

(b)
The tenant or a personal representative or designated person described in
subsection (20) of this section has waived all rights under this section
pursuant to subsection (26) of this section; or

(c)
The notice and response periods provided by subsections (6) and (8) of this
section have expired.

(19)(a)
In the case of an abandoned manufactured dwelling or floating home but not
including a dwelling or home abandoned following a termination pursuant to ORS
90.429 and except as provided by subsection (20)(d) and (e) of this section, if
a lienholder makes a timely response to a notice of abandoned personal property
pursuant to subsections (6) and (8) of this section and so requests, a landlord
shall enter into a written storage agreement with the lienholder providing that
the dwelling or home may not be sold or disposed of by the landlord for up to
12 months. A storage agreement entitles the lienholder to store the personal
property on the previously rented space during the term of the agreement, but
does not entitle anyone to occupy the personal property.

(b)
The lienholder’s right to a storage agreement arises upon the failure of the
tenant, owner or, in the case of a deceased tenant, the personal
representative, designated person, heir or devisee to remove or sell the
dwelling or home within the allotted time.

(c)
To exercise the right to a storage agreement under this subsection, in addition
to contacting the landlord with a timely response as described in paragraph (a)
of this subsection, the lienholder must enter into the proposed storage
agreement within 60 days after the landlord gives a copy of the agreement to
the lienholder. The landlord shall give a copy of the proposed storage
agreement to the lienholder in the same manner as provided by subsection (4)(b)
of this section. The landlord may include a copy of the proposed storage
agreement with the notice of abandoned property required by subsection (4) of
this section. A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering or mailing the
signed copy to the landlord within the 60-day period.

(d)
The storage agreement may require, in addition to other provisions agreed to by
the landlord and the lienholder, that:

(A)
The lienholder make timely periodic payment of all storage charges, as
described in subsection (7)(d) of this section, accruing from the commencement
of the 45-day period described in subsection (6) of this section. A storage
charge may include a utility or service charge, as described in ORS 90.532, if
limited to charges for electricity, water, sewer service and natural gas and if
incidental to the storage of personal property. A storage charge may not be due
more frequently than monthly;

(B)
The lienholder pay a late charge or fee for failure to pay a storage charge by
the date required in the agreement, if the amount of the late charge is no
greater than for late charges described in the rental agreement between the
landlord and the tenant; and

(C)
The lienholder maintain the personal property and the space on which the
personal property is stored in a manner consistent with the rights and
obligations described in the rental agreement between the landlord and the
tenant.

(e)
During the term of an agreement described under this subsection, the lienholder
has the right to remove or sell the property, subject to the provisions of the
lien. Selling the property includes a sale to a purchaser who wishes to leave
the dwelling or home on the rented space and become a tenant, subject to any
conditions previously agreed to by the landlord and tenant regarding the
landlord’s approval of a purchaser or, if there was no such agreement, any
reasonable conditions by the landlord regarding approval of any purchaser who
wishes to leave the dwelling or home on the rented space and become a tenant.
The landlord also may condition approval for occupancy of any purchaser of the
property upon payment of all unpaid storage charges and maintenance costs.

(f)(A)
If the lienholder violates the storage agreement, the landlord may terminate
the agreement by giving at least 90 days’ written notice to the lienholder
stating facts sufficient to notify the lienholder of the reason for the
termination. Unless the lienholder corrects the violation within the notice
period, the agreement terminates as provided and the landlord may sell or
dispose of the dwelling or home without further notice to the lienholder.

(B)
After a landlord gives a termination notice pursuant to subparagraph (A) of
this paragraph for failure of the lienholder to pay a storage charge and the
lienholder corrects the violation, if the lienholder again violates the storage
agreement by failing to pay a subsequent storage charge, the landlord may
terminate the agreement by giving at least 30 days’ written notice to the
lienholder stating facts sufficient to notify the lienholder of the reason for
termination. Unless the lienholder corrects the violation within the notice
period, the agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.

(C)
A lienholder may terminate a storage agreement at any time upon at least 14
days’ written notice to the landlord and may remove the property from the
rented space if the lienholder has paid all storage charges and other charges
as provided in the agreement.

(g)
Upon the failure of a lienholder to enter into a storage agreement as provided
by this subsection or upon termination of an agreement, unless the parties
otherwise agree or the lienholder has sold or removed the manufactured dwelling
or floating home, the landlord may sell or dispose of the property pursuant to
this section without further notice to the lienholder.

(20)
If the personal property is a manufactured dwelling or floating home and is
considered abandoned as a result of the death of a tenant who was the only
tenant and who owned the dwelling or home, this section applies, except as follows:

(a)
The following persons have the same rights and responsibilities regarding the
abandoned dwelling or home as a tenant:

(A)
Any personal representative named in a will or appointed by a court to act for
the deceased tenant.

(B)
Any person designated in writing by the tenant to be contacted by the landlord
in the event of the tenant’s death.

(b)
The notice required by subsection (3) of this section must be:

(A)
Sent by first class mail to the deceased tenant at the premises; and

(B)
Personally delivered or sent by first class mail to any personal representative
or designated person, if actually known to the landlord.

(c)
The notice described in subsection (5) of this section must refer to any
personal representative or designated person, instead of the deceased tenant,
and must incorporate the provisions of this subsection.

(d)
If a personal representative, designated person or other person entitled to
possession of the property, such as an heir or devisee, responds by actual
notice to a landlord within the 45-day period provided by subsection (6) of
this section and so requests, the landlord shall enter into a written storage
agreement with the representative or person providing that the dwelling or home
may not be sold or disposed of by the landlord for up to 90 days or until
conclusion of any probate proceedings, whichever is later. A storage agreement
entitles the representative or person to store the personal property on the
previously rented space during the term of the agreement, but does not entitle
anyone to occupy the personal property. If such an agreement is entered, the
landlord may not enter a similar agreement with a lienholder pursuant to
subsection (19) of this section until the agreement with the personal
representative or designated person ends.

(e)
If a personal representative or other person requests that a landlord enter
into a storage agreement, subsection (19)(c), (d) and (f)(C) of this section
applies, with the representative or person having the rights and responsibilities
of a lienholder with regard to the storage agreement.

(f)
During the term of an agreement described under paragraph (d) of this
subsection, the representative or person has the right to remove or sell the
dwelling or home, including a sale to a purchaser or a transfer to an heir or
devisee where the purchaser, heir or devisee wishes to leave the dwelling or
home on the rented space and become a tenant, subject to any conditions
previously agreed to by the landlord and tenant regarding the landlord’s approval
for occupancy of a purchaser, heir or devisee or, if there was no such
agreement, any reasonable conditions by the landlord regarding approval for
occupancy of any purchaser, heir or devisee who wishes to leave the dwelling or
home on the rented space and become a tenant. The landlord also may condition
approval for occupancy of any purchaser, heir or devisee of the dwelling or
home upon payment of all unpaid storage charges and maintenance costs.

(g)
If the representative or person violates the storage agreement, the landlord
may terminate the agreement by giving at least 30 days’ written notice to the
representative or person stating facts sufficient to notify the representative
or person of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of the dwelling or
home without further notice to the representative or person.

(h)
Upon the failure of a representative or person to enter into a storage
agreement as provided by this subsection or upon termination of an agreement,
unless the parties otherwise agree or the representative or person has sold or
removed the manufactured dwelling or floating home, the landlord may sell or
dispose of the property pursuant to this section without further notice to the
representative or person.

(21)
If the personal property is other than a manufactured dwelling or floating home
and is considered abandoned as a result of the death of a tenant who was the
only tenant and who owned the personal property, this section applies except as
follows:

(a)
The following persons have the same rights and responsibilities regarding the
abandoned personal property as a tenant:

(A)
An heir or devisee.

(B)
Any personal representative named in a will or appointed by a court to act for
the deceased tenant.

(C)
Any person designated in writing by the tenant to be contacted by the landlord
in the event of the tenant’s death.

(b)
The notice required by subsection (3) of this section must be:

(A)
Sent by first class mail to the deceased tenant at the premises;

(B)
Personally delivered or sent by first class mail to any heir, devisee, personal
representative or designated person, if actually known to the landlord; and

(C)
Sent by first class mail to the attention of an estate administrator of the
Department of State Lands.

(c)
The notice described in subsection (5) of this section must refer to the heir,
devisee, personal representative, designated person or estate administrator of
the department, instead of the deceased tenant, and must incorporate the
provisions of this subsection.

(d)
The landlord shall allow a person that is an heir, devisee or personal
representative of the tenant, or an estate administrator of the department, to
remove the personal property if the person contacts the landlord within the
period provided by subsection (6) of this section, complies with the
requirements of this section and provides the landlord with reasonable evidence
that the person is an heir, devisee or personal representative, or an estate
administrator of the department.

(e)
If neither an heir, devisee nor personal representative of the tenant, nor an
estate administrator of the department, contacts the landlord within the time
period provided by subsection (6) of this section, the landlord shall allow
removal of the personal property by the designated person of the tenant, if the
designated person contacts the landlord within that period and complies with the
requirements of this section and provides the landlord with reasonable evidence
that the person is the designated person.

(f)
A landlord who allows removal of personal property under this subsection is not
liable to another person that has a claim or interest in the personal property.

(22)
If a governmental agency determines that the condition of a manufactured
dwelling, floating home or recreational vehicle abandoned under this section
constitutes an extreme health or safety hazard under state or local law and the
agency determines that the hazard endangers others in the immediate vicinity
and requires quick removal of the property, the landlord may sell or dispose of
the property pursuant to this subsection. The landlord shall comply with all
provisions of this section, except as follows:

(a)
The date provided in subsection (6) of this section by which a tenant,
lienholder, owner, personal representative or designated person must contact a
landlord to arrange for the disposition of the property must be not less than
15 days after personal delivery or mailing of the notice required by subsection
(3) of this section.

(b)
The date provided in subsections (8) and (9) of this section by which a tenant,
lienholder, owner, personal representative or designated person must remove the
property must be not less than seven days after the tenant, lienholder, owner,
personal representative or designated person contacts the landlord.

(c)
The notice required by subsection (3) of this section must be as provided in
subsection (5) of this section, except that:

(A)
The dates and deadlines in the notice for contacting the landlord and removing
the property must be consistent with this subsection;

(B)
The notice must state that a governmental agency has determined that the
property constitutes an extreme health or safety hazard and must be removed
quickly; and

(C)
The landlord shall attach a copy of the agency’s determination to the notice.

(d)
If the tenant, a lienholder, owner, personal representative or designated person
does not remove the property within the time allowed, the landlord or a buyer
at a sale by the landlord under subsection (11) of this section shall promptly
remove the property from the facility.

(e)
A landlord is not required to enter into a storage agreement with a lienholder,
owner, personal representative or designated person pursuant to subsection (19)
of this section.

(23)(a)
If an official or agency referred to in ORS 453.876 notifies the landlord that
the official or agency has determined that all or part of the premises is unfit
for use as a result of the presence of an illegal drug manufacturing site
involving methamphetamine, and the landlord complies with this subsection, the
landlord is not required to comply with subsections (1) to (22) and (24) to
(27) of this section with regard to personal property left on the portion of
the premises that the official or agency has determined to be unfit for use.

(b)
Upon receiving notice from an official or agency determining the premises to be
unfit for use, the landlord shall promptly give written notice to the tenant as
provided in subsection (3) of this section. The landlord shall also attach a
copy of the notice in a secure manner to the main entrance of the dwelling
unit. The notice to the tenant shall include a copy of the official’s or agency’s
notice and state:

(A)
That the premises, or a portion of the premises, has been determined by an
official or agency to be unfit for use due to contamination from the
manufacture of methamphetamine and that as a result subsections (1) to (22) and
(24) to (27) of this section do not apply to personal property left on any
portion of the premises determined to be unfit for use;

(B)
That the landlord has hired, or will hire, a contractor to assess the level of
contamination of the site and to decontaminate the site;

(C)
That upon hiring the contractor, the landlord will provide to the tenant the
name, address and telephone number of the contractor; and

(D)
That the tenant may contact the contractor to determine whether any of the
tenant’s personal property may be removed from the premises or may be
decontaminated at the tenant’s expense and then removed.

(c)
To the extent consistent with rules of the Department of Human Services, the
contractor may release personal property to the tenant.

(d)
If the contractor and the department determine that the premises or the tenant’s
personal property is not unfit for use, upon notification by the department of
the determination, the landlord shall comply with subsections (1) to (22) and
(24) to (27) of this section for any personal property left on the premises.

(e)
Except as provided in paragraph (d) of this subsection, the landlord is not
responsible for storing or returning any personal property left on the portion of
the premises that is unfit for use.

(24)
In the case of an abandoned recreational vehicle, manufactured dwelling or
floating home that is owned by someone other than the tenant, the provisions of
this section regarding the rights and responsibilities of a tenant to the
abandoned vehicle, dwelling or home also apply to that owner, with regard only
to the vehicle, dwelling or home, and not to any goods left inside or outside
the vehicle, dwelling or home.

(25)
In the case of an abandoned motor vehicle, the procedure authorized by ORS
98.830 and 98.835 for removal of abandoned motor vehicles from private property
may be used by a landlord as an alternative to the procedures required in this
section.

(26)(a)
A landlord may sell or dispose of a tenant’s abandoned personal property
without complying with subsections (1) to (25) and (27) of this section if,
after termination of the tenancy or no more than seven days prior to the
termination of the tenancy, the following parties so agree in a writing entered
into in good faith:

(A)
The landlord;

(B)
The tenant, or for an abandonment as the result of the death of a tenant who
was the only tenant, the personal representative, designated person or other
person entitled to possession of the personal property, such as an heir or
devisee, as described in subsection (20) or (21) of this section; and

(C)
In the case of a manufactured dwelling, floating home or recreational vehicle,
any owner and any lienholder.

(b)
A landlord may not, as part of a rental agreement, require a tenant, a personal
representative, a designated person or any lienholder or owner to waive any
right provided by this section.

90.427
Termination of periodic tenancies; landlord remedies for tenant holdover. (1) As used in
this section, “first year of occupancy” includes all periods in which any of
the tenants has resided in the dwelling unit for one year or less.

(2)
If a tenancy is a week-to-week tenancy, the landlord or the tenant may
terminate the tenancy by a written notice given to the other at least 10 days
before the termination date specified in the notice.

(3)
If a tenancy is a month-to-month tenancy:

(a)
At any time during the tenancy, the tenant may terminate the tenancy by giving
the landlord notice in writing not less than 30 days prior to the date
designated in the notice for the termination of the tenancy.

(b)
At any time during the first year of occupancy, the landlord may terminate the
tenancy by giving the tenant notice in writing not less than 30 days prior to
the date designated in the notice for the termination of the tenancy.

(c)
At any time after the first year of occupancy, the landlord may terminate the
tenancy by giving the tenant notice in writing not less than 60 days prior to
the date designated in the notice for the termination of the tenancy.

(4)
If the tenancy is for a fixed term of at least one year and by its terms
becomes a month-to-month tenancy after the fixed term:

(a)
At any time during the fixed term, notwithstanding subsection (3) of this
section, the landlord or the tenant may terminate the tenancy without cause by
giving the other notice in writing not less than 30 days prior to the specified
ending date for the fixed term or not less than 30 days prior to the date
designated in the notice for the termination of the tenancy, whichever is
later.

(b)
After the specified ending date for the fixed term, at any time during the
month-to-month tenancy, the landlord may terminate the tenancy without cause
only by giving the tenant notice in writing not less than 60 days prior to the
date designated in the notice for the termination of the tenancy.

(5)
Notwithstanding subsections (3)(c) and (4)(b) of this section, the landlord may
terminate a month-to-month tenancy at any time by giving the tenant notice in
writing not less than 30 days prior to the date designated in the notice for
the termination of the tenancy if:

(a)
The dwelling unit is purchased separately from any other dwelling unit;

(b)
The landlord has accepted an offer to purchase the dwelling unit from a person
who intends in good faith to occupy the dwelling unit as the person’s primary
residence; and

(c)
The landlord has provided the notice, and written evidence of the offer to
purchase the dwelling unit, to the tenant not more than 120 days after
accepting the offer to purchase.

(6)
The tenancy shall terminate on the date designated and without regard to the
expiration of the period for which, by the terms of the tenancy, rents are to
be paid. Unless otherwise agreed, rent is uniformly apportionable from day to
day.

(7)
If the tenant remains in possession without the landlord’s consent after
expiration of the term of the rental agreement or its termination, the landlord
may bring an action for possession. In addition, the landlord may recover from
the tenant any actual damages resulting from the tenant holding over, including
the value of any rent accruing from the expiration or termination of the rental
agreement until the landlord knows or should know that the tenant has
relinquished possession to the landlord. If the landlord consents to the tenant’s
continued occupancy, ORS 90.220 (7) applies.

(8)(a)
A notice given to terminate a tenancy under subsection (2) or (3) of this
section need not state a reason for the termination.

(b)
Notwithstanding paragraph (a) of this subsection, a landlord or tenant may
include in a notice of termination given under subsection (2) or (3) of this
section an explanation of the reason for the termination without having to
prove the reason. An explanation does not give the person receiving the notice
of termination a right to cure the reason if the notice states that:

(A)
The notice is given without stated cause;

(B)
The recipient of the notice does not have a right to cure the reason for the
termination; and

(C)
The person giving the notice need not prove the reason for the termination in a
court action.

90.429
Termination of tenancy for certain rented spaces not covered by ORS 90.505 to
90.840.
(1) If a tenancy consists of rented space for a manufactured dwelling or
floating home that is owned by the tenant, but the tenancy is not subject to
ORS 90.505 to 90.840 because the space is not in a facility, the landlord may terminate
a month-to-month tenancy without a cause specified in ORS 90.392, 90.394 or
90.396 only by delivering a written notice of termination to the tenant not
less than 180 days before the termination date designated in that notice.

(2)(a)
A notice given to terminate a tenancy under subsection (1) of this section need
not state a reason for the termination.

(b)
Notwithstanding paragraph (a) of this subsection, a landlord may include in a
notice of termination given under subsection (1) of this section an explanation
of the reason for the termination without having to prove the reason. An
explanation does not give the tenant a right to cure the reason if the notice
states that:

(A)
The notice is given without stated cause;

(B)
The tenant does not have a right to cure the reason for the termination; and

90.430
Claims for possession, rent, damages after termination of rental agreement. If the rental
agreement is terminated, the landlord may have a claim for possession and for
rent and a separate claim for actual damages for breach of the rental
agreement. [Formerly 91.845]

90.435
Limitation on recovery of possession of premises. A landlord may
not recover or take possession of the dwelling unit by action or otherwise,
including willful diminution of services to the tenant by interrupting or
causing the interruption of heat, running water, hot water, electricity or
other essential service to the tenant, except in case of abandonment or
relinquishment, or as permitted in this chapter in the manner provided in ORS
105.105 to 105.168. [Formerly 91.850; 1999 c.603 §30; 2003 c.378 §16]

90.440
Termination of tenancy in group recovery home; recovery of possession; damages. (1) As used in
this section:

(a)
“Group recovery home” means a place that provides occupants with shared living
facilities and that meets the description of a group home under 42 U.S.C.
300x-25.

(2)
Notwithstanding ORS 90.375 and 90.435, a group recovery home may terminate a
tenancy and peaceably remove a tenant without complying with ORS 105.105 to
105.168 if the tenant has used or possessed alcohol or illegal drugs within the
preceding seven days. For purposes of this subsection, the following are
sufficient proof that a tenant has used or possessed alcohol or illegal drugs:

(a)
The tenant fails a test for alcohol or illegal drug use;

(b)
The tenant refuses a request made in good faith by the group recovery home that
the tenant take a test for alcohol or illegal drug use; or

(c)
Any person has personally observed the tenant using or possessing alcohol or
illegal drugs.

(3)
A group recovery home that undertakes the removal of a tenant under this
section shall personally deliver to the tenant a written notice that:

(a)
Describes why the tenant is being removed;

(b)
Describes the proof that the tenant has used or possessed alcohol or illegal
drugs within the seven days preceding delivery of the notice;

(c)
Specifies the date and time by which the tenant must move out of the group
recovery home;

(d)
Explains that if the removal was wrongful or in bad faith the tenant may seek
injunctive relief to recover possession under ORS 105.121 and may bring an
action to recover monetary damages; and

(e)
Gives contact information for the local legal services office and for the
Oregon State Bar’s Lawyer Referral Service, identifying those services as
possible sources for free or reduced-cost legal services.

(4)
A written notice in substantially the following form meets the requirements of
subsection (3) of this section:

This
notice is to inform you that you must move out of ________ (insert address of
group recovery home) by ________ (insert date and time that is not less than 24
hours after delivery of notice).

The
reason for this notice is ________ (specify use or possession of alcohol or
illegal drugs, as applicable, and dates of occurrence).

The
proof of your use or possession is ________ (specify facts).

If
you did not use or possess alcohol or illegal drugs within the seven days
before delivery of this notice, if this notice was given in bad faith or if your
group recovery home has not substantially complied with ORS 90.440, you may be
able to get a court to order the group recovery home to let you move back in.
You may also be able to recover monetary damages.

You
may be eligible for free legal services at your local legal services office ________
(insert telephone number) or reduced fee legal services through the Oregon
State Bar at 1-800-452-7636.

(5)
Within the notice period, a group recovery home shall allow a tenant removed
under this section to follow any emergency departure plan that was prepared by
the tenant and approved by the group recovery home at the time the tenancy
began. If the removed tenant does not have an emergency departure plan, a
representative of the group recovery home shall offer to take the removed
tenant to a public shelter, detoxification center or similar location if
existing in the community.

(6)
The date and time for moving out specified in a notice under subsection (3) of
this section must be at least 24 hours after the date and time the notice is
delivered to the tenant. If the tenant remains on the group recovery home
premises after the date and time for moving out specified in the notice, the
tenant is a person remaining unlawfully in a dwelling as described in ORS
164.255 and not a person described in ORS 105.115. Only a peace officer may
forcibly remove a tenant who remains on the group recovery home premises after
the date and time specified for moving out.

(7)
A group recovery home that removes a tenant under this section shall send a
copy of the notice described in subsection (3) of this section to the Oregon
Health Authority no later than 72 hours after delivering the notice to the
tenant.

(8)
A tenant who is removed under subsection (2) of this section may obtain
injunctive relief to recover possession and may recover an amount equal to the
greater of actual damages or three times the tenant’s monthly rent if:

(a)
The group recovery home removed the tenant in bad faith or without
substantially complying with this section; or

(b)
If removal is under subsection (2)(c) of this section, the removal was wrongful
because the tenant did not use or possess alcohol or illegal drugs.

(9)
Notwithstanding ORS 12.125, a tenant who seeks to obtain injunctive relief to
recover possession under ORS 105.121 must commence the action to seek relief
not more than 90 days after the date specified in the notice for the tenant to
move out.

(10)
In any court action regarding the removal of a tenant under this section, a
group recovery home may present evidence that the tenant used or possessed
alcohol or illegal drugs within seven days preceding the removal, whether or
not the evidence was described in the notice required by subsection (3) of this
section.

(11)
This section does not prevent a group recovery home from terminating a tenancy
as provided by any other provision of this chapter and evicting a tenant as
provided in ORS 105.105 to 105.168. [2007 c.715 §3; 2009 c.595 §59; 2011 c.644 §§11,61;
2013 c.180 §5]

Note: The amendments
to 90.440 by section 69, chapter 644, Oregon Laws 2011, become operative July
1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section
77, chapter 644, Oregon Laws 2011. The text that is operative on and after July
1, 2015, including amendments by section 6, chapter 180, Oregon Laws 2013, is
set forth for the user’s convenience.

90.440. (1) As used in
this section:

(a)
“Group recovery home” means a place that provides occupants with shared living
facilities and that meets the description of a group home under 42 U.S.C.
300x-25.

(B)
That are used by the tenant in a manner contrary to the prescribed regimen.

(c)
“Peace officer” means:

(A)
A sheriff, constable, marshal or deputy;

(B)
A member of a state or city police force; or

(C)
A police officer commissioned by a university under ORS 352.383 or 353.125.

(2)
Notwithstanding ORS 90.375 and 90.435, a group recovery home may terminate a
tenancy and peaceably remove a tenant without complying with ORS 105.105 to
105.168 if the tenant has used or possessed alcohol or illegal drugs within the
preceding seven days. For purposes of this subsection, the following are
sufficient proof that a tenant has used or possessed alcohol or illegal drugs:

(a)
The tenant fails a test for alcohol or illegal drug use;

(b)
The tenant refuses a request made in good faith by the group recovery home that
the tenant take a test for alcohol or illegal drug use; or

(c)
Any person has personally observed the tenant using or possessing alcohol or
illegal drugs.

(3)
A group recovery home that undertakes the removal of a tenant under this
section shall personally deliver to the tenant a written notice that:

(a)
Describes why the tenant is being removed;

(b)
Describes the proof that the tenant has used or possessed alcohol or illegal
drugs within the seven days preceding delivery of the notice;

(c)
Specifies the date and time by which the tenant must move out of the group
recovery home;

(d)
Explains that if the removal was wrongful or in bad faith the tenant may seek
injunctive relief to recover possession under ORS 105.121 and may bring an
action to recover monetary damages; and

(e)
Gives contact information for the local legal services office and for the
Oregon State Bar’s Lawyer Referral Service, identifying those services as
possible sources for free or reduced-cost legal services.

(4)
A written notice in substantially the following form meets the requirements of
subsection (3) of this section:

This
notice is to inform you that you must move out of ________ (insert address of group
recovery home) by ________ (insert date and time that is not less than 24 hours
after delivery of notice).

The
reason for this notice is ________ (specify use or possession of alcohol or
illegal drugs, as applicable, and dates of occurrence).

The
proof of your use or possession is ________ (specify facts).

If
you did not use or possess alcohol or illegal drugs within the seven days
before delivery of this notice, if this notice was given in bad faith or if
your group recovery home has not substantially complied with ORS 90.440, you
may be able to get a court to order the group recovery home to let you move
back in. You may also be able to recover monetary damages.

You
may be eligible for free legal services at your local legal services office ________
(insert telephone number) or reduced fee legal services through the Oregon
State Bar at 1-800-452-7636.

(5)
Within the notice period, a group recovery home shall allow a tenant removed
under this section to follow any emergency departure plan that was prepared by
the tenant and approved by the group recovery home at the time the tenancy
began. If the removed tenant does not have an emergency departure plan, a
representative of the group recovery home shall offer to take the removed
tenant to a public shelter, detoxification center or similar location if
existing in the community.

(6)
The date and time for moving out specified in a notice under subsection (3) of
this section must be at least 24 hours after the date and time the notice is
delivered to the tenant. If the tenant remains on the group recovery home
premises after the date and time for moving out specified in the notice, the
tenant is a person remaining unlawfully in a dwelling as described in ORS
164.255 and not a person described in ORS 105.115. Only a peace officer may
forcibly remove a tenant who remains on the group recovery home premises after
the date and time specified for moving out.

(7)
A group recovery home that removes a tenant under this section shall send a
copy of the notice described in subsection (3) of this section to the Oregon
Health Authority no later than 72 hours after delivering the notice to the
tenant.

(8)
A tenant who is removed under subsection (2) of this section may obtain
injunctive relief to recover possession and may recover an amount equal to the
greater of actual damages or three times the tenant’s monthly rent if:

(a)
The group recovery home removed the tenant in bad faith or without
substantially complying with this section; or

(b)
If removal is under subsection (2)(c) of this section, the removal was wrongful
because the tenant did not use or possess alcohol or illegal drugs.

(9)
Notwithstanding ORS 12.125, a tenant who seeks to obtain injunctive relief to
recover possession under ORS 105.121 must commence the action to seek relief
not more than 90 days after the date specified in the notice for the tenant to
move out.

(10)
In any court action regarding the removal of a tenant under this section, a
group recovery home may present evidence that the tenant used or possessed
alcohol or illegal drugs within seven days preceding the removal, whether or
not the evidence was described in the notice required by subsection (3) of this
section.

(11)
This section does not prevent a group recovery home from terminating a tenancy
as provided by any other provision of this chapter and evicting a tenant as
provided in ORS 105.105 to 105.168.

DOMESTIC
VIOLENCE, SEXUAL ASSAULT OR STALKING

90.445
Termination of tenant committing criminal act of physical violence. (1) If a tenant
perpetrates a criminal act of physical violence related to domestic violence,
sexual assault or stalking against a household member who is a tenant, after
delivery of at least 24 hours’ written notice specifying the act or omission
constituting the cause and specifying the date and time of the termination, the
landlord may:

(a)
Terminate the rental agreement of the perpetrating tenant, but may not
terminate the rental agreement of the other tenants; and

(b)
If the perpetrator of the criminal act of physical violence related to domestic
violence, sexual assault or stalking continues to occupy the premises after the
termination date and time specified in the notice, seek a court order under ORS
105.128 to remove the perpetrator from the premises and terminate the
perpetrator’s tenancy without seeking a return of possession from the remaining
tenants.

(2)
A landlord that terminates the tenancy of a perpetrator under this section may
not require the remaining tenants to pay additional rent or an additional
deposit or fee due to exclusion of the perpetrator.

(3)
The perpetrator is jointly liable with any other tenants of the dwelling unit
for rent or damages to the premises incurred prior to the later of the date the
perpetrator vacates the premises or the termination date specified in the
notice.

(4)
The landlord’s burden of proof in a removal action sought under this section is
by a preponderance of the evidence. [2007 c.508 §3]

90.449
Landlord discrimination against victim; exception; tenant defenses and
remedies.
(1) A landlord may not terminate or fail to renew a tenancy, serve a notice to
terminate a tenancy, bring or threaten to bring an action for possession,
increase rent, decrease services or refuse to enter into a rental agreement:

(a)
Because a tenant or applicant is, or has been, a victim of domestic violence,
sexual assault or stalking.

(b)
Because of a violation of the rental agreement or a provision of this chapter,
if the violation consists of an incident of domestic violence, sexual assault
or stalking committed against the tenant or applicant.

(c)
Because of criminal activity relating to domestic violence, sexual assault or
stalking in which the tenant or applicant is the victim, or of any police or
emergency response related to domestic violence, sexual assault or stalking in
which the tenant or applicant is the victim.

(2)
A landlord may not impose different rules, conditions or standards or
selectively enforce rules, conditions or standards against a tenant or
applicant on the basis that the tenant or applicant is or has been a victim of
domestic violence, sexual assault or stalking.

(3)
Notwithstanding subsections (1) and (2) of this section, a landlord may
terminate the tenancy of a victim of domestic violence, sexual assault or
stalking if the landlord has previously given the tenant a written warning
regarding the conduct of the perpetrator relating to domestic violence, sexual
assault or stalking and:

(a)
The tenant permits or consents to the perpetrator’s presence on the premises
and the perpetrator is an actual and imminent threat to the safety of persons
on the premises other than the victim; or

(b)
The perpetrator is an unauthorized occupant and the tenant permits or consents
to the perpetrator living in the dwelling unit without the permission of the
landlord.

(4)
If a landlord violates this section:

(a)
A tenant or applicant may recover up to two months’ periodic rent or twice the
actual damages sustained by the tenant or applicant, whichever is greater;

(b)
The tenant has a defense to an action for possession by the landlord; and

(c)
The applicant may obtain injunctive relief to gain possession of the dwelling
unit.

(5)
Notwithstanding ORS 105.137 (4), if a tenant asserts a successful defense under
subsection (4) of this section to an action for possession, the tenant is not
entitled to prevailing party fees, attorney fees or costs and disbursements if
the landlord:

(a)
Did not know, and did not have reasonable cause to know, at the time of
commencing the action that a violation or incident on which the action was
based was related to domestic violence, sexual assault or stalking; and

(b)
Promptly dismissed tenants other than the perpetrator from the action upon
becoming aware that the violation or incident on which the action was based was
related to domestic violence, sexual assault or stalking. [2007 c.508 §4; 2011
c.42 §9]

90.453
Termination by tenant who is victim of domestic violence, sexual assault or
stalking; verification statement. (1) As used in this section:

(a)
“Immediate family member” means, with regard to a tenant who is a victim of
domestic violence, sexual assault or stalking, any of the following who is not
a perpetrator of the domestic violence, sexual assault or stalking against the
tenant:

(A)
An adult person related by blood, adoption, marriage or domestic partnership,
as defined in ORS 106.310, or as defined or described in similar law in another
jurisdiction;

(B)
A cohabitant in an intimate relationship;

(C)
An unmarried parent of a joint child; or

(D)
A child, grandchild, foster child, ward or guardian of the victim or of anyone
listed in subparagraph (A), (B) or (C) of this paragraph.

(b)
“Qualified third party” means a person that has had individual contact with the
tenant and is a law enforcement officer, attorney or licensed health
professional or is a victim’s advocate at a victim services provider.

(c)
“Verification” means:

(A)
A copy of a valid order of protection issued by a court pursuant to ORS 30.866,
107.095 (1)(c), 107.716, 107.718 or 163.738 or any other federal, state, local
or tribal court order that restrains a person from contact with the tenant;

(B)
A copy of a federal agency or state, local or tribal police report regarding an
act of domestic violence, sexual assault or stalking against the tenant;

(C)
A copy of a conviction of any person for an act of domestic violence, sexual
assault or stalking against the tenant; or

(D)
A statement substantially in the form set forth in subsection (3) of this
section.

(d)
“Victim services provider” means:

(A)
A nonprofit agency or program receiving moneys administered by the Department
of Human Services or the Department of Justice that offers safety planning,
counseling, support or advocacy to victims of domestic violence, sexual assault
or stalking; or

(B)
A prosecution-based victim assistance program or unit.

(2)(a)
If a tenant gives a landlord at least 14 days’ written notice, and the notice
so requests, the landlord shall release the tenant and any immediate family
member of the tenant from the rental agreement.

(b)
The notice given by the tenant must specify the release date and must list the
names of any immediate family members to be released in addition to the tenant.

(c)
The notice must be accompanied by verification that the tenant:

(A)
Is protected by a valid order of protection; or

(B)
Has been the victim of domestic violence, sexual assault or stalking within the
90 days preceding the date of the notice. For purposes of this subparagraph,
any time the perpetrator was incarcerated or residing more than 100 miles from
the victim’s home does not count as part of the 90-day period.

(3)
A verification statement must be signed by the tenant and the qualified third
party and be in substantially the following form:

(A)
I or a minor member of my household have been a victim of domestic violence,
sexual assault or stalking, as those terms are defined in ORS 90.100.

(B)
The most recent incident(s) that I rely on in support of this statement
occurred on the following date(s):_________.

___The
time since the most recent incident took place is less than 90 days; or

___The
time since the most recent incident took place is less than 90 days if periods
when the perpetrator was incarcerated or was living more than 100 miles from my
home are not counted. The perpetrator was incarcerated from ____________ to____________.
The perpetrator lived more than 100 miles from my home from ___________ to___________.

(C)
I hereby declare that the above statement is true to the best of my knowledge
and belief, and that I understand it is made for use as evidence in court and
is subject to penalty for perjury.

______________________

(Signature
of tenant)

Date:
________

PART
2. STATEMENT BY QUALIFIED THIRD PARTY

I,
________(Name of qualified third party), do hereby verify as follows:

(A)
I am a law enforcement officer, attorney or licensed health professional or a
victim’s advocate with a victims services provider, as defined in ORS 90.453.

(B)
My name, business address and business telephone are as follows:

___________________________

___________________________

___________________________

(C)
The person who signed the statement above has informed me that the person or a
minor member of the person’s household is a victim of domestic violence, sexual
assault or stalking, based on incidents that occurred on the dates listed
above.

(D)
I reasonably believe the statement of the person above that the person or a
minor member of the person’s household is a victim of domestic violence, sexual
assault or stalking, as those terms are defined in ORS 90.100. I understand
that the person who made the statement may use this document as a basis for
gaining a release from the rental agreement with the person’s landlord.

I
hereby declare that the above statement is true to the best of my knowledge and
belief, and that I understand it is made for use as evidence in court and is
subject to penalty for perjury.

(4)
A tenant and any immediate family member who is released from a rental
agreement pursuant to subsection (2) of this section:

(a)
Is not liable for rent or damages to the dwelling unit incurred after the
release date; and

(b)
Is not subject to any fee solely because of termination of the rental
agreement.

(5)
Notwithstanding the release from a rental agreement of a tenant who is a victim
of domestic violence, sexual assault or stalking and any tenant who is an
immediate family member of that tenant, other tenants remain subject to the
rental agreement.

(6)
A landlord may not disclose any information provided by a tenant under this
section to a third party unless the disclosure is:

(a)
Consented to in writing by the tenant;

(b)
Required for use in an eviction proceeding;

(c)
Made to a qualified third party; or

(d)
Required by law.

(7)
The provision of a verification statement under subsection (2) of this section
does not waive the confidential or privileged nature of a communication between
the victim of domestic violence, sexual assault or stalking and a qualified
third party. [2003 c.378 §4; 2007 c.508 §9; 2011 c.42 §9a]

90.456
Other tenants remaining in dwelling unit following tenant termination or
exclusion due to domestic violence, sexual assault or stalking. Notwithstanding
the release of a tenant who is a victim of domestic violence, sexual assault or
stalking, and any immediate family members of that tenant, from a rental
agreement under ORS 90.453 or the exclusion of a perpetrator of domestic violence,
sexual assault or stalking as provided in ORS 90.459 or 105.128, if there are
any remaining tenants of the dwelling unit, the tenancy shall continue for
those tenants. Any fee, security deposit or prepaid rent paid by the victim,
perpetrator or other tenants shall be applied, accounted for or refunded by the
landlord following termination of the tenancy and delivery of possession by the
remaining tenants as provided in ORS 90.300 and 90.302. [2003 c.378 §6; 2007
c.508 §10; 2007 c.508 §11; 2011 c.42 §9b]

90.459
Change of locks at request of tenant who is victim of domestic violence, sexual
assault or stalking.
(1) A tenant may give actual notice to the landlord that the tenant is a victim
of domestic violence, sexual assault or stalking and may request that the locks
to the dwelling unit be changed. A tenant is not required to provide
verification of the domestic violence, sexual assault or stalking to initiate
the changing of the locks.

(2)
A landlord who receives a request under subsection (1) of this section shall
promptly change the locks to the tenant’s dwelling unit at the tenant’s expense
or shall give the tenant permission to change the locks. If a landlord fails to
promptly act, the tenant may change the locks without the landlord’s permission.
If the tenant changes the locks, the tenant shall give a key to the new locks
to the landlord.

(3)
If the perpetrator of the domestic violence, sexual assault or stalking is a
tenant in the same dwelling unit as the victim:

(a)
Before the landlord or tenant changes the locks under this section, the tenant
must provide the landlord with a copy of an order issued by a court pursuant to
ORS 107.716 or 107.718 or any other federal, state, local or tribal court that
orders the perpetrator to move out of the dwelling unit.

(b)
The landlord has no duty under the rental agreement or by law to allow the
perpetrator access to the dwelling unit or provide keys to the perpetrator,
during the term of the court order or after expiration of the court order, or
to provide the perpetrator access to the perpetrator’s personal property within
the dwelling unit. Notwithstanding ORS 90.425, 90.435 or 90.675, if a landlord
complies completely and in good faith with this section, the landlord is not
liable to a perpetrator excluded from the dwelling unit.

(c)
The perpetrator is jointly liable with any other tenant of the dwelling unit
for rent or damages to the dwelling unit incurred prior to the date the
perpetrator was excluded from the dwelling unit.

(d)
Except as provided in subsection (2) of this section, the landlord may not
require the tenant to pay additional rent or an additional deposit or fee
because of the exclusion of the perpetrator.

(e)
The perpetrator’s tenancy terminates by operation of law upon an order described
in paragraph (a) of this subsection becoming a final order. [2003 c.378 §5;
2007 c.508 §11]

MISCELLANEOUS

90.465
Right of city to recover from owner for costs of relocating tenant due to
condemnation; defense. (1) A city with a population that exceeds 300,000
shall have a right of action against the owner of any premises to recover the
reasonable costs of relocation incurred by the city because the condition of
the premises causes condemnation and relocation of the tenants at public
expense. In order to recover the costs, the city must allege and prove that,
due to action or inaction of the owner, the premises are or have been in
multiple and material violation of applicable health or safety codes for a
period of more than 30 days and that the violation endangers the health or
safety of the tenants or the public, or both.

(2)
It shall be an affirmative defense to recovery of relocation costs incurred for
any tenant that the condition was caused by the action or negligence of that
tenant.

(3)
The official responsible for city code enforcement shall notify the owner in
writing when the official finds the premises to be in a condition that may
cause tenant relocation. The notice shall also inform the owner of the
potential liability for relocation costs.

(4)
A landlord may not terminate a rental agreement because of the receipt of the
notice required by subsection (3) of this section except for the reasons set
forth in ORS 90.385 (4). The owner is not liable for tenant relocation costs if
the termination is for the reasons set forth in ORS 90.385 (4)(b).

(5)
The action provided in subsection (1) of this section is in addition to any
other action that may be brought against an owner under any other provision of
law. [Formerly 90.450]

90.472
Termination by tenant called into active state service by Governor. (1) As used in
this section, “state service member” means a member of the organized militia
who is called into active service of the state by the Governor under ORS
399.065 (1) for 90 or more consecutive days.

(2)
A tenant may terminate a rental agreement upon written notice if the tenant
provides the landlord with proof of official orders showing that the tenant is
a state service member.

(3)
A termination of a rental agreement under this section is effective the earlier
of:

(a)
Thirty days after the date the next rental payment is due; or

(b)
On the last day of the month after the month in which written notice is given.

(4)
Notwithstanding ORS 90.300 (7)(a)(A) and 90.430, a tenant who terminates a
lease under subsection (2) of this section is not:

(a)
Subject to a penalty, fee, charge or loss of deposit because of the
termination; or

(b)
Liable for any rent beyond the effective date of the termination as determined
under subsection (3) of this section. [2003 c.387 §2; 2009 c.431 §14; 2011 c.42
§15]

90.475
Termination by tenant due to service with Armed Forces or commissioned corps of
National Oceanic and Atmospheric Administration. (1) A tenant
may terminate a rental agreement upon written notice if the tenant provides the
landlord with proof of official orders showing that the tenant is:

(a)
Enlisting for active service in the Armed Forces of the United States;

(b)
Serving as a member of a National Guard or other reserve component or an active
service component of the Armed Forces of the United States and ordered to
active service outside the area for a period that will exceed 90 days;

(c)
Terminating active service in the Armed Forces of the United States;

(d)
A member of the Public Health Service of the United States Department of Health
and Human Services detailed by proper authority for duty with the Army or Navy
of the United States and:

(A)
Ordered to active service outside the area for a period that will exceed 90
days; or

(B)
Terminating the duty and moving outside the area within the period that the
member is entitled by federal law to the storage or shipment of household
goods; or

(e)
A member of the commissioned corps of the National Oceanic and Atmospheric
Administration ordered to active service outside the area for a period that
will exceed 90 days.

(2)
As used in subsection (1) of this section, “Armed Forces of the United States”
means the Air Force, Army, Coast Guard, Marine Corps or Navy of the United
States.

(3)
A termination of a rental agreement under this section is effective on the
earlier of:

(a)
A date determined under the provisions of any applicable federal law; or

(b)
The later of:

(A)
30 days after delivery of the notice;

(B)
30 days before the earliest reporting date on orders for active service;

(C)
A date specified in the notice; or

(D)
90 days before the effective date of the orders if terminating duty described
under subsection (1)(d)(B) of this section or terminating any active service
described in this section.

(4)
Notwithstanding ORS 90.300 (7)(a)(A) and 90.430, a tenant who terminates a
lease under subsection (1) of this section is not:

(a)
Subject to a penalty, fee, charge or loss of deposit because of the
termination; or

90.485
Restrictions on landlord removal of vehicle; exceptions. (1) A landlord
may have a motor vehicle removed from the premises only in compliance with this
section and either ORS 98.810 to 98.818 or ORS 98.830, 98.835 and 98.840.

(2)
Except as provided in ORS 90.425 regarding abandoned vehicles, a landlord may have
a motor vehicle removed from the premises without notice to the owner or
operator of the vehicle only if the vehicle:

(a)
Blocks or prevents access by emergency vehicles;

(b)
Blocks or prevents entry to the premises;

(c)
Violates a prominently posted parking prohibition;

(d)
Blocks or is unlawfully parked in a space reserved for persons with
disabilities;

(e)
Is parked in an area not intended for motor vehicles including, but not limited
to, sidewalks, lawns and landscaping;

(f)
Is parked in a space reserved for tenants but is not assigned to a tenant and
does not display a parking tag or other device, as provided by subsection (3)
of this section; or

(g)
Is parked in a specific space assigned to a tenant, as provided by subsection
(4) of this section.

(3)
A landlord may have a motor vehicle removed from the premises under subsection
(2)(f) of this section only if the landlord:

(a)
Provides parking tags or other devices that identify vehicles that are
authorized to be parked on the premises;

(b)
Provides a tenant with parking tags or other devices to be used on a vehicle
other than the tenant’s primary vehicle if the tenant wants to park a vehicle
on the premises in lieu of the tenant’s primary vehicle; and

(c)
Enters into written agreements with the owners or operators of vehicles
authorized to park on the premises that:

(A)
Authorize the landlord to have a vehicle removed from the premises without
notice for failing to display the parking tag, sticker or other device;

(B)
Unless the information is disclosed on prominent signs posted on the premises,
disclose to the owners or operators of authorized vehicles the name, address
and contact information of the tow company that is authorized to remove
vehicles from the premises; and

(4)
If a landlord assigns a specific parking space to a tenant, the landlord may
have a vehicle towed under subsection (2)(g) of this section from the assigned
parking space only with the agreement of the tenant at the time of the tow. The
landlord may not require the tenant to agree to towing.

(5)
If guest parking is allowed, the landlord shall post a sign in each designated
guest parking space that is clearly readable by an operator of motor vehicle
and that specifies any rules, restrictions or limitations on parking in the
designated guest parking space.

(6)
A landlord may have a motor vehicle that is inoperable, but otherwise parked in
compliance with an agreement between the landlord and the owner or operator of
the vehicle, removed from the premises if the landlord affixes a prominent
notice to the vehicle stating that the vehicle will be towed if the vehicle is
not removed or otherwise brought into compliance with the agreement. The
landlord must affix the notice required by this subsection at least 72 hours
before the vehicle may be removed.

(7)
A landlord may not have a motor vehicle removed under this section because the
vehicle’s registration has expired or is otherwise invalid.

(8)
This section does not:

(a)
Apply to a landlord of a facility.

(b)
Affect the obligations imposed on a landlord under ORS 98.810 to 98.818 or
under ORS 98.830, 98.835 and 98.840. [2007 c.565 §2; 2009 c.622 §4]

90.490
Prohibited acts in anticipation of notice of conversion to condominium;
damages.
(1) A tenant may bring an action against a building landlord if for the purpose
of avoiding, or assisting a declarant of a conversion condominium in avoiding,
the requirements under ORS 100.301 to 100.320:

(a)
Within one year before the declarant records the declaration under ORS 100.100,
the landlord gives a tenant a 30-day notice without stated cause; or

(b)
Within one year before the declarant records the declaration under ORS 100.100,
the landlord increases the rent in excess of the percentage increase in the
Portland-Salem Consumer Price Index for All Urban Consumers for All Items as
reported by the United States Bureau of Labor Statistics.

(2)
If a court finds that a landlord has taken an action described in subsection
(1) of this section for the purpose of avoiding, or assisting a declarant of a
conversion condominium in avoiding, the requirements under ORS 100.301 to
100.320, the court may award the tenant the greater of:

(a)
Six times the monthly rent for the dwelling unit; or

(b)
Twice the actual damages to the tenant arising out of the termination or rent
increase.

(3)
The time allowed under ORS 12.125 to commence an action under this section
begins on the date the declarant records the declaration under ORS 100.100. [2007
c.705 §6]

90.493
Prohibited acts following notice of conversion to condominium; damages. (1) The
landlord of a building for which a declarant of a conversion condominium has
issued the tenant a notice of conversion under ORS 100.305 may not:

(a)
Give the tenant a 30-day notice without stated cause that causes the tenancy to
terminate on a date that is prior to the end of the 120-day period described in
ORS 100.305 or the 60-day period described in ORS 100.310; or

(b)
Increase the rent for the dwelling unit in excess of:

(A)
Any scheduled increase provided for in a written rental agreement; or

(B)
A percentage equal to the percentage increase in the Portland-Salem Consumer
Price Index for All Urban Consumers for All Items as reported by the United
States Bureau of Labor Statistics.

(2)
A tenant may bring an action against a landlord that violates subsection (1) of
this section to recover the greater of:

(a)
Six times the monthly rent for the dwelling unit; or

(b)
Twice the actual damages to the tenant arising out of the termination. [2007
c.705 §5]

90.505
Definition for ORS 90.505 to 90.840; application of statutes. (1) As used in
ORS 90.505 to 90.840, “rent a space for a manufactured dwelling or floating
home,” or similar wording, means a transaction creating a rental agreement in
which the owner of a manufactured dwelling or floating home secures the right
to locate the dwelling or home on the real property of another in a facility
for use as a residence in return for value, and in which the owner of the
manufactured dwelling or floating home retains no interest in the real property
at the end of the transaction.

(2)
Unless otherwise provided, ORS 90.100 to 90.465 apply to rental agreements that
are subject to ORS 90.505 to 90.840. However, to the extent of inconsistency,
the applicable provisions of ORS 90.505 to 90.840 control over the provisions
of ORS 90.100 to 90.465. [Formerly 91.873; 1991 c.844 §5; 1999 c.676 §19]

90.510
Statement of policy; rental agreement; rules and regulations; remedies. (1) Every
landlord who rents a space for a manufactured dwelling or floating home shall
provide a written statement of policy to prospective and existing tenants. The
purpose of the statement of policy is to provide disclosure of the landlord’s
policies to prospective tenants and to existing tenants who have not previously
received a statement of policy. The statement of policy is not a part of the
rental agreement. The statement of policy shall provide all of the following
information in summary form:

(a)
The location and approximate size of the space to be rented.

(b)
The federal fair-housing age classification and present zoning that affect the
use of the rented space.

(c)
The facility policy regarding rent adjustment and a rent history for the space
to be rented. The rent history must, at a minimum, show the rent amounts on
January 1 of each of the five preceding calendar years or during the length of
the landlord’s ownership, leasing or subleasing of the facility, whichever period
is shorter.

(d)
The personal property, services and facilities that are provided by the
landlord.

(e)
The installation charges that are imposed by the landlord and the installation
fees that are imposed by government agencies.

(i)
The utilities and services that are available, the name of the person
furnishing them and the name of the person responsible for payment.

(j)
If a tenants’ association exists for the facility, a one-page summary about the
tenants’ association. The tenants’ association shall provide the summary to the
landlord.

(k)
Any facility policy regarding the removal of a manufactured dwelling, including
a statement that removal requirements may impact the market value of a
dwelling.

(L)
Any facility policy regarding the planting of trees on the rented space for a
manufactured dwelling.

(2)
The rental agreement and the facility rules and regulations shall be attached
as an exhibit to the statement of policy. If the recipient of the statement of
policy is a tenant, the rental agreement attached to the statement of policy
must be a copy of the agreement entered by the landlord and tenant.

(3)
The landlord shall give:

(a)
Prospective tenants a copy of the statement of policy before the prospective
tenants sign rental agreements;

(b)
Existing tenants who have not previously received a copy of the statement of
policy and who are on month-to-month rental agreements a copy of the statement
of policy at the time a 90-day notice of a rent increase is issued; and

(c)
All other existing tenants who have not previously received a copy of the
statement of policy a copy of the statement of policy upon the expiration of
their rental agreements and before the tenants sign new agreements.

(4)
Every landlord who rents a space for a manufactured dwelling or floating home
shall provide a written rental agreement, except as provided by ORS 90.710
(2)(d). The agreement must be signed by the landlord and tenant and may not be
unilaterally amended by one of the parties to the contract except by:

(5)
The agreement required by subsection (4) of this section must specify:

(a)
The location and approximate size of the rented space;

(b)
The federal fair-housing age classification;

(c)
The rent per month;

(d)
All personal property, services and facilities to be provided by the landlord;

(e)
All security deposits, fees and installation charges imposed by the landlord;

(f)
Any facility policy regarding the planting of trees on the rented space for a
manufactured dwelling;

(g)
Improvements that the tenant may or must make to the rental space, including
plant materials and landscaping;

(h)
Provisions for dealing with improvements to the rental space at the termination
of the tenancy;

(i)
Any conditions the landlord applies in approving a purchaser of a manufactured
dwelling or floating home as a tenant in the event the tenant elects to sell
the home. Those conditions must be in conformance with state and federal law
and may include, but are not limited to, conditions as to pets, number of
occupants and screening or admission criteria;

(j)
That the tenant may not sell the tenant’s manufactured dwelling or floating
home to a person who intends to leave the manufactured dwelling or floating
home on the rental space until the landlord has accepted the person as a
tenant;

(k)
The term of the tenancy;

(L)
The process by which the rental agreement or rules and regulations may be
changed, which shall identify that the rules and regulations may be changed
with 60 days’ notice unless tenants of at least 51 percent of the eligible
spaces file an objection within 30 days; and

(m)
The process by which the landlord or tenant shall give notices.

(6)
Every landlord who rents a space for a manufactured dwelling or floating home
shall provide rules and regulations concerning the tenant’s use and occupancy
of the premises. A violation of the rules and regulations may be cause for
termination of a rental agreement. However, this subsection does not create a
presumption that all rules and regulations are identical for all tenants at all
times. A rule or regulation shall be enforceable against the tenant only if:

(a)
The rule or regulation:

(A)
Promotes the convenience, safety or welfare of the tenants;

(B)
Preserves the landlord’s property from abusive use; or

(C)
Makes a fair distribution of services and facilities held out for the general
use of the tenants.

(b)
The rule or regulation:

(A)
Is reasonably related to the purpose for which it is adopted and is reasonably
applied;

(B)
Is sufficiently explicit in its prohibition, direction or limitation of the
tenant’s conduct to fairly inform the tenant of what the tenant shall do or may
not do to comply; and

(C)
Is not for the purpose of evading the obligations of the landlord.

(7)(a)
A landlord who rents a space for a manufactured dwelling or floating home may
adopt a rule or regulation regarding occupancy guidelines. If adopted, an
occupancy guideline in a facility must be based on reasonable factors and not
be more restrictive than limiting occupancy to two people per bedroom.

(b)
As used in this subsection:

(A)
Reasonable factors may include but are not limited to:

(i)
The size of the dwelling.

(ii)
The size of the rented space.

(iii)
Any discriminatory impact for reasons identified in ORS 659A.421.

(iv)
Limitations placed on utility services governed by a permit for water or sewage
disposal.

(B)
“Bedroom” means a room that is intended to be used primarily for sleeping
purposes and does not include bathrooms, toilet compartments, closets, halls,
storage or utility space and similar areas.

(8)
Intentional and deliberate failure of the landlord to comply with subsections
(1) to (3) of this section is cause for suit or action to remedy the violation
or to recover actual damages. The prevailing party is entitled to reasonable
attorney fees and court costs.

(9)
A receipt signed by the potential tenant or tenants for documents required to
be delivered by the landlord pursuant to subsections (1) to (3) of this section
is a defense for the landlord in an action against the landlord for nondelivery
of the documents.

(10)
A suit or action arising under subsection (8) of this section must be commenced
within one year after the discovery or identification of the alleged violation.

90.512
Definitions for ORS 90.514 and 90.518. As used in this section and ORS 90.514,
90.516 and 90.518:

(1)
“Buyer” has the meaning given that term in ORS 72.1030.

(2)
“Converted rental space” means a rental lot that is located in a subdivision
created as provided under ORS 92.010 to 92.192.

(3)
“Improvements” has the meaning given that term in ORS 646A.050.

(4)
“Manufactured dwelling park” means any place where four or more manufactured
dwellings are located within 500 feet of one another on a lot, tract or parcel
of land under the same ownership, the primary purpose of which is to rent or
lease space or keep space for rent or lease to any person for a charge or fee
paid or to be paid for the rental or lease or use of facilities or to offer
space free in connection with securing the trade or patronage of the person.

(5)
“Provider” means a contractor, manufactured dwelling dealer or landlord that is
licensed under ORS chapter 701 and that contracts with a buyer for improvements
to be made to a manufactured dwelling site in a manufactured dwelling park or
to a converted rental space.

(6)
“Statement of estimated costs” means a written list of the charges, fees,
services, goods and accessories that a provider knows or should know are
associated with the making of an improvement contracted by the provider and the
total estimated cost to the buyer for the improvement. [2001 c.282 §2; 2001
c.969 §4; 2005 c.41 §3]

90.514
Disclosure to prospective tenant of improvements required under rental
agreement.
(1) Before a prospective tenant signs a rental agreement for space in a
manufactured dwelling park or for a converted rental space, the landlord must
provide the prospective tenant with a written statement that discloses the
improvements that the landlord will require under the rental agreement. The
written statement must be in the format developed by the Attorney General
pursuant to ORS 90.516 and include at least the following:

(a)
A notice that the tenant may select and contract directly with a contractor to
be the provider of an improvement.

(b)
Separately stated and identifiable information for each required improvement
that specifies:

(A)
The dimensions, materials and finish for improvements to be constructed;

(B)
The installation charges imposed by the landlord and the installation fees
imposed by government agencies;

(C)
The system development charges to be paid by the tenant; and

(D)
The site preparation requirements and restrictions, including, but not limited
to, requirements and restrictions on the use of plants and landscaping.

(c)
Identification of the improvements that belong to the tenant and the improvements
that must remain with the space.

(2)
Except as provided in ORS 41.740, a written statement provided under this
section is considered to contain all of the terms relating to improvements that
a prospective tenant must make under the rental agreement. There may be no
evidence of the terms of the written statement other than the contents of the
written statement. [2001 c.282 §3; 2005 c.41 §4]

90.518
Provider statement of estimated cost of improvements. (1) A provider
shall give the buyer a statement of estimated costs for all improvements to be
made under a contract between the buyer and the provider. The provider shall
deliver the statement of estimated costs to the buyer before work commences on
any of the improvements covered by the contract.

(2)
If a provider fails to give a statement of estimated costs or knowingly fails
to give a complete statement of estimated costs, a buyer who does not have
actual notice of the total cost for an improvement and suffers an ascertainable
loss due to the failure by the provider may bring an action to recover the
greater of actual damages or $200.

(3)
Except as provided in ORS 41.740, a statement of estimated costs given under
this section is considered to contain all of the terms of the contract between
the buyer and the provider. The contents of the statement of estimated costs
are the only admissible evidence of the terms of the contract between the buyer
and the provider. [2001 c.282 §4; 2005 c.41 §6]

90.525
Unreasonable conditions of rental or occupancy prohibited. (1) No landlord
shall impose conditions of rental or occupancy which unreasonably restrict the
tenant or prospective tenant in choosing a fuel supplier, furnishings, goods,
services or accessories.

(2)
No landlord of a facility shall require the prospective tenant to purchase a
manufactured dwelling or floating home from a particular dealer or one of a
group of dealers.

(3)
No landlord renting a space for a manufactured dwelling or floating home shall
give preference to a prospective tenant who purchased a manufactured dwelling
or floating home from a particular dealer.

(4)
No manufactured dwelling or floating home dealer shall require, as a condition
of sale, a purchaser to rent a space for a manufactured dwelling or floating
home in a particular facility or one of a group of facilities. [Formerly
91.895; 1991 c.844 §7]

90.528
Use of common areas or facilities. (1) A landlord who rents a space for a
manufactured dwelling may require a deposit for the use of common areas or
facilities by a tenant or tenants. The amount of any deposit charged for the
use of common areas or facilities shall be reasonably based on the potential
cleaning cost or other costs associated with the use of the area or facility.
Conditions for return of a deposit shall be stated in writing and made
available to the tenant or tenants placing the deposit.

(2)
No tenant shall be required to acquire a bond or insurance policy as a
precondition for the use of common areas or facilities.

(3)
A landlord who rents a space for a manufactured dwelling shall not prohibit use
of a common area or facility if the purpose of the prohibition is to prevent the
use of the area or facility for tenant association meetings, tenant organizing
meetings or other lawful tenant activities. [1997 c.303 §§3,4]

Note: 90.528 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 90 or any series therein by legislative action. See Preface
to Oregon Revised Statutes for further explanation.

90.530
Pets in facilities; rental agreements; violations. (1)
Notwithstanding a change in the rules and regulations of a manufactured dwelling
or floating home facility that would prohibit pets, a tenant may keep a pet
that is otherwise legally living with the tenant at the time the landlord
provides notice of the proposed change to the rules and regulations of the
facility. The tenant may replace a pet with a pet similar to the one living
with the tenant at the time the landlord provided notice of the proposed
change. New rules and regulations that regulate the activities of pets shall
apply to all pets in the facility, including those pets that were living in the
facility prior to the adoption of the new rules or regulations.

(2)
A rental agreement between a landlord renting a space for a manufactured
dwelling or floating home and a tenant renting the space must comply with the
following:

(a)
A landlord may not charge a one-time, monthly or other periodic amount based on
the tenant’s possession of a pet.

(b)
A landlord may provide written rules regarding control, sanitation, number,
type and size of pets. The landlord may require the tenant to sign a pet
agreement and to provide proof of liability insurance. The landlord may require
the tenant to make the landlord a co-insured for the purpose of receiving
notice in the case of cancellation of the insurance.

(c)
A landlord may charge a tenant an amount for a violation of a written pet
agreement or rules relating to pets not to exceed $50 for each violation. [1997
c.304 §2; 2001 c.596 §35b; 2003 c.378 §17]

90.531
Definitions for ORS 90.531 to 90.539. As used in ORS 90.531 to 90.539:

(1)
“Submeter” means a device owned or under the control of a landlord and used to
measure a utility or service actually provided to a tenant at the tenant’s
space.

(2)
“Utility or service” has the meaning given that term in ORS 90.315. [2005 c.619
§5]

90.532
Billing methods for utility or service charges; system maintenance; restriction
on charging for water. (1) Subject to the policies of the utility or
service provider, a landlord may, except as provided in subsections (2) to (5)
of this section, provide for utilities or services to tenants by one or more of
the following billing methods:

(a)
A relationship between the tenant and the utility or service provider in which:

(A)
The provider provides the utility or service directly to the tenant’s space,
including any utility or service line, and bills the tenant directly; and

(B)
The landlord does not act as a provider.

(b)
A relationship between the landlord, tenant and utility or service provider in
which:

(A)
The provider provides the utility or service to the landlord;

(B)
The landlord provides the utility or service directly to the tenant’s space or
to a common area available to the tenant as part of the tenancy; and

(C)
The landlord:

(i)
Includes the cost of the utility or service in the tenant’s rent; or

(ii)
Bills the tenant for a utility or service charge separately from the rent in an
amount determined by apportioning on a pro rata basis the provider’s charge to
the landlord as measured by a master meter.

(c)
A relationship between the landlord, tenant and utility or service provider in
which:

(A)
The provider provides the utility or service to the landlord;

(B)
The landlord provides the utility or service directly to the tenant’s space;
and

(C)
The landlord uses a submeter to measure the utility or service actually
provided to the space and bills the tenant for a utility or service charge for
the amount provided.

(2)
A landlord may not use a separately charged pro rata apportionment billing
method as described in subsection (1)(b)(C)(ii) of this section:

(a)
For garbage collection and disposal, unless the pro rata apportionment is based
upon the number and size of the garbage receptacles used by the tenant.

(b)
For water service, if the rental agreement for the dwelling unit was entered into
on or after January 1, 2010, unless the landlord was using a separately charged
pro rata apportionment billing method for all tenants in the facility
immediately before January 1, 2010.

(c)
For sewer service, if sewer service is measured by consumption of water and the
rental agreement for the dwelling unit was entered into on or after January 1,
2010, unless the landlord was using a separately charged pro rata apportionment
billing method for all tenants in the facility immediately before January 1, 2010.

(3)
Except as allowed by subsection (2) of this section for rental agreements
entered into on or after January 1, 2010, a landlord and tenant may not amend a
rental agreement to convert water or sewer utility and service billing from a
method described in subsection (1)(b)(C)(i) of this section to a method
described in subsection (1)(b)(C)(ii) of this section.

(4)
Except as provided in ORS 90.543 (3), a landlord for a manufactured dwelling
park containing 200 or more spaces in the facility may not assess a tenant a
utility or service charge for water by using the billing method described in
subsection (1)(b)(C)(ii) of this section.

(5)(a)
A landlord of a manufactured dwelling park built after June 23, 2011, may use
only the submeter billing method described in subsection (1)(c) of this section
for the provision of water.

(b)
A landlord of a manufactured dwelling park that expands to add spaces after
June 23, 2011, may use only the submeter billing method described in subsection
(1)(c) of this section for the provision of water to any spaces added in excess
of 200.

(6)
To assess a tenant for a utility or service charge for any billing period using
the billing method described in subsection (1)(b)(C)(ii) or (c) of this
section, the landlord shall give the tenant a written notice stating the amount
of the utility or service charge that the tenant is to pay the landlord and the
due date for making the payment. The due date may not be before the date of
service of the notice. The amount of the charge is determined as described in
ORS 90.534 or 90.536. If the rental agreement allows delivery of notice of a
utility or service charge by electronic means, for purposes of this subsection,
“written notice” includes a communication that is transmitted in a manner that
is electronic, as defined in ORS 84.004. If the landlord includes in the notice
a statement of the rent due, the landlord shall separately and clearly state
the amount of the rent and the amount of the utility or service charge.

(7)
A utility or service charge is not rent or a fee. Nonpayment of a utility or
service charge is not grounds for termination of a rental agreement for
nonpayment of rent under ORS 90.394, but is grounds for termination of a rental
agreement for cause under ORS 90.630. A landlord may not give a notice of
termination of a rental agreement under ORS 90.630 for nonpayment of a utility
or service charge sooner than the eighth day, including the first day the
utility or service charge is due, after the landlord gives the tenant the
written notice stating the amount of the utility or service charge.

(8)
The landlord is responsible for maintaining the utility or service system,
including any submeter, consistent with ORS 90.730. After any installation or
maintenance of the system on a tenant’s space, the landlord shall restore the
space to a condition that is the same as or better than the condition of the
space before the installation or maintenance.

(9)
A landlord may not assess a utility or service charge for water unless the water
is provided to the landlord by a:

(a)
Public utility as defined in ORS 757.005;

(b)
Municipal utility operating under ORS chapter 225;

(c)
People’s utility district organized under ORS chapter 261;

(d)
Cooperative organized under ORS chapter 62;

(e)
Domestic water supply district organized under ORS chapter 264; or

(f)
Water improvement district organized under ORS chapter 552.

(10)
A landlord that provides utilities or services only to tenants of the landlord
in compliance with this section and ORS 90.534 and 90.536 is not a public
utility for purposes of ORS chapter 757.

(11)
The authority granted in this section for a utility or service provider to
apply policy regarding the billing methods described in subsection (1) of this
section does not authorize the utility or service provider to dictate either
the amount billed to tenants or the rate at which tenants are billed under ORS
90.534 or 90.536. [2005 c.619 §6; 2007 c.71 §24; 2009 c.305 §1; 2009 c.816 §§6,6a;
2011 c.503 §§6,6a; 2013 c.443 §14]

90.533
Conversion of billing method for garbage collection and disposal. (1) A landlord
may unilaterally amend a rental agreement to convert the method of billing a
tenant for garbage collection and disposal from a method described in ORS
90.532 (1)(b) to a method in which the service provider:

(a)
Supplies garbage receptacles;

(b)
Collects and disposes of garbage; and

(c)(A)
Bills the tenant directly; or

(B)
Bills the landlord, who then bills the tenant based upon the number and size of
the receptacles used by the tenant.

(2)
A landlord shall give a tenant not less than 180 days’ written notice before
converting a billing method under subsection (1) of this section.

(3)
If the cost of garbage service was included in the rent before the conversion
of a billing method under subsection (1) of this section, the landlord shall
reduce the tenant’s rent upon the first billing of the tenant under the new
billing method. The rent reduction may not be less than an amount reasonably
comparable to the amount of rent previously allocated for garbage collection
and disposal costs averaged over at least the preceding year. Before the
conversion occurs, the landlord shall provide the tenant with written
documentation from the service provider showing the landlord’s cost for the
garbage collection and disposal service provided to the facility during at
least the preceding year.

(4)
A landlord may not convert a billing method under subsection (1) of this
section less than one year after giving notice of a rent increase, unless the
rent increase is an automatic increase provided for in a fixed term rental
agreement entered into one year or more before the conversion. [2009 c.816 §2]

90.534
Allocated charges for utility or service provided directly to space or common
area.
(1) If a written rental agreement so provides, a landlord using the pro rata
billing method described in ORS 90.532 (1)(b)(C)(ii) may require a tenant to
pay to the landlord a utility or service charge that has been billed by a
utility or service provider to the landlord for a utility or service provided
directly to the tenant’s space or to a common area available to the tenant as
part of the tenancy. A landlord may not unilaterally amend a rental agreement
to convert utility and service billing from a method described in ORS 90.532
(1)(b)(C)(i) to a method described in ORS 90.532 (1)(b)(C)(ii).

(2)(a)
As used in this subsection, “occupied” means that a tenant resides in the
dwelling or home during each month for which the utility or service is billed.

(b)
A utility or service charge that is assessed on a pro rata basis to tenants for
the tenants’ spaces under this section must be allocated among the tenants by a
method that reasonably apportions the cost among the affected tenants and that
is described in the rental agreement.

(c)
Methods that reasonably apportion the cost among the tenants include, but are
not limited to, methods that divide the cost based on:

(A)
The number of occupied spaces in the facility;

(B)
The number of tenants or occupants in the dwelling or home compared with the
number of tenants or occupants in the facility, if there is a correlation with
consumption of the utility or service; or

(C)
The square footage in each dwelling, home or space compared with the total
square footage of occupied dwellings or homes in the facility, if there is a
correlation with consumption of the utility or service.

(3)
A utility or service charge to be assessed to a tenant for a common area must
be described in the written rental agreement separately and distinctly from the
utility or service charge for the tenant’s space.

(4)
A landlord may not:

(a)
Bill or collect more money from tenants for utilities or services than the
utility or service provider charges the landlord.

(b)
Increase the utility or service charge to the tenant by adding any costs of the
landlord, such as a handling or administrative charge. [2005 c.619 §7; 2009
c.305 §2; 2009 c.816 §7]

90.535
Additional charge for cable, satellite or Internet services. (1)
Notwithstanding ORS 90.534 (4) or 90.536 (3), a landlord may add an additional
amount to a utility or service charge billed to the tenant if:

(a)
The utility or service charge to which the additional amount is added is for
cable television, direct satellite or other video subscription services or for
Internet access or usage;

(b)
The additional amount is not more than 10 percent of the utility or service
charge billed to the tenant;

(c)
The total of the utility or service charge and the additional amount is less
than the typical periodic cost the tenant would incur if the tenant contracted
directly with the provider for the cable television, direct satellite or other
video subscription services or for Internet access or usage;

(d)
The written rental agreement providing for the utility or service charge
describes the additional amount separately and distinctly from the utility or
service charge; and

(e)
Any billing or notice from the landlord regarding the utility or service charge
lists the additional amount separately and distinctly from the utility or
service charge.

(2)
A landlord may not require a tenant to agree to the amendment of an existing
rental agreement, and may not terminate a tenant for refusing to agree to the
amendment of a rental agreement, if the amendment would obligate the tenant to
pay an additional amount for cable television, direct satellite or other video
subscription services or for Internet access or usage as provided under
subsection (1) of this section. [2009 c.816 §3]

90.536
Charges for utilities or services measured by submeter. (1) If a
written rental agreement so provides, a landlord using the submeter billing
method described in ORS 90.532 (1)(c) may require a tenant to pay to the
landlord a utility or service charge that has been billed by a utility or
service provider to the landlord for utility or service provided directly to
the tenant’s space as measured by a submeter.

(2)
A utility or service charge to be assessed to a tenant under this section may
consist of:

(a)
The cost of the utility or service provided to the tenant’s space and under the
tenant’s control, as measured by the submeter, at a rate no greater than the
average rate billed to the landlord by the utility or service provider, not
including any base or service charge;

(b)
The cost of any sewer service for wastewater as a percentage of the tenant’s
water charge as measured by a submeter, if the utility or service provider
charges the landlord for sewer service as a percentage of water provided;

(c)
A pro rata portion of the cost of sewer service for storm water and wastewater
if the utility or service provider does not charge the landlord for sewer
service as a percentage of water provided;

(d)
A pro rata portion of costs to provide a utility or service to a common area;

(e)
A pro rata portion of any base or service charge billed to the landlord by the
utility or service provider, including but not limited to any tax passed
through by the provider; and

(f)
A pro rata portion of the cost to read water meters and to bill tenants for
water if:

(A)
A third party service reads the meters and bills tenants for the landlord; and

(B)
The landlord allows the tenants to inspect the third party’s billing records as
provided by ORS 90.538.

(3)
Except as provided in subsection (2) of this section, the landlord may not bill
or collect more money from tenants for utilities or services than the utility
or service provider charges the landlord. A utility or service charge to be
assessed to a tenant under this section may not include any additional charge,
including any costs of the landlord, for the installation or maintenance of the
utility or service system or any profit for the landlord. [2005 c.619 §8; 2009
c.305 §3; 2011 c.503 §8]

90.537
Conversion of billing method for utility or service charges. (1) A landlord
may unilaterally amend a rental agreement to convert a tenant’s existing
utility or service billing method from a method described in ORS 90.532 (1)(b)
to a submeter billing method described in ORS 90.532 (1)(c). The landlord must
give the tenant not less than 180 days’ written notice before converting to a
submeter billing method.

(2)
A landlord must give notice as provided in ORS 90.725 before entering a tenant’s
space to install or maintain a utility or service line or a submeter that
measures the amount of a provided utility or service.

(3)
If the cost of the tenant’s utility or service was included in the rent before
the conversion to submeters, the landlord shall reduce the tenant’s rent on a
pro rata basis upon the landlord’s first billing of the tenant using the
submeter method. The rent reduction may not be less than an amount reasonably
comparable to the amount of the rent previously allocated to the utility or
service cost averaged over at least the preceding one year. A landlord may not
convert billing to a submeter method less than one year after giving notice of
a rent increase, unless the rent increase is an automatic increase provided for
in a fixed term rental agreement entered into one year or more before the conversion.
Before the landlord first bills the tenant using the submeter method, the
landlord shall provide the tenant with written documentation from the utility
or service provider showing the landlord’s cost for the utility or service
provided to the facility during at least the preceding year.

(4)
A landlord that installs submeters pursuant to this section may recover from a
tenant the cost of installing the submeters, including costs to improve or
repair existing utility or service system infrastructure necessitated by the
installation of the submeters, only as follows:

(a)
By raising the rent, as with any capital expense in the facility, except that
the landlord may not raise the rent for this purpose within the first six
months after installation of the submeters; or

(b)
In a manufactured dwelling park, by imposing a special assessment pursuant to a
written special assessment plan adopted unilaterally by the landlord. The plan
may include only the landlord’s actual costs to be recovered on a pro rata
basis from each tenant with payments due no more frequently than monthly over a
period of at least 60 months. Payments must be assessed as part of the utility
or service charge. The landlord must give each tenant a copy of the plan at
least 90 days before the first payment is due. Payments may not be due before
the completion of the installation, but must begin within six months after
completion. A new tenant of a space subject to the plan may be required to make
payments under the plan. Payments must end when the plan ends. The landlord is
not required to provide an accounting of plan payments made during or after the
end of the plan.

(5)
A landlord that converts to a submeter billing method under this section from
the rent billing method described in ORS 90.532 (1)(b)(C)(i) may unilaterally,
and at the same time as the conversion to submeters, convert the billing for
common areas to the pro rata billing method described in ORS 90.532
(1)(b)(C)(ii) by including the change in the notice required by subsection (1)
of this section. If the landlord continues to use the rent billing method for
common areas, the landlord may offset against the rent reduction required by
subsection (3) of this section an amount that reflects the cost of serving the
common areas. If the utility or service provider cannot provide an accurate
cost for the service to the common areas, the landlord shall assume the cost of
serving the common areas to be 20 percent of the total cost billed. This offset
is not available if the landlord chooses to bill for the common areas using the
pro rata method.

(6)
If storm water service and wastewater service are not measured by the submeter,
a landlord that installs submeters to measure water consumption under this
section and converts to a submeter billing method from the rent billing method
described in ORS 90.532 (1)(b)(C)(i) may continue to recover the cost of the
storm water service or wastewater service in the rent or may unilaterally, and
at the same time as the conversion to submeters, convert the billing for the
storm water service or wastewater service to the pro rata billing method
described in ORS 90.532 (1)(b)(C)(ii) by including the change in the notice
required by subsection (1) of this section. If the landlord converts the
billing for the storm water service or wastewater service to the pro rata
billing method, the landlord must reduce the rent to reflect that charge, as
required by subsection (3) of this section.

(7)
A rental agreement amended under this section shall include language that
fairly describes the provisions of this section.

(8)
If a landlord installs a submeter on an existing utility or service line to a
space or common area that is already served by that line, unless the
installation causes a system upgrade, a local government may not assess a
system development charge as defined in ORS 223.299 as a result of the
installation. [2005 c.619 §9; 2009 c.816 §8; 2011 c.503 §9]

90.538
Tenant inspection of utility billing records. (1) A landlord shall, upon
written request by the tenant, make available for inspection by the tenant all
utility billing records relating to a utility or service charge billed to the
tenant during the preceding year. The landlord shall make the records available
to the tenant during normal business hours at an on-site manager’s office or at
a location agreed to by the landlord and tenant. A tenant may not abuse the
right to inspect utility or service charge records or use the right to harass
the landlord.

(2)
If a landlord fails to comply with a provision of ORS 90.531 to 90.539, the
tenant may recover from the landlord an amount equal to one month’s periodic
rent or twice the amount wrongfully charged to the tenant, whichever is
greater. [2009 c.816 §4]

90.539
Entry to read submeter. In addition to any other right of entry granted
under ORS 90.725, a landlord or the landlord’s agent may enter a tenant’s space
without consent of the tenant and without notice to the tenant for the purpose
of reading a submeter. An entry made under authority of this section is subject
to the following restrictions:

(1)
The landlord or landlord’s agent may not remain on the space for a purpose
other than reading the submeter.

(2)
The landlord or a landlord’s agent may not enter the space more than once per
month.

(3)
The landlord or landlord’s agent may enter the space only at reasonable times
between 8 a.m. and 6 p.m. [2005 c.619 §10]

(2)
Conservation of water is critical for the future of this state; and

(3)
Billing for water according to usage encourages users to conserve water and allows
users to exercise better control over their costs. [2011 c.503 §2]

90.543
Utility or service charge billing for large manufactured dwelling parks; water
conservation; tenant remedy. (1) Except as provided in subsections
(2) and (3) of this section, a landlord that assesses the tenants of a
manufactured dwelling park containing 200 or more spaces in the facility a
utility or service charge for water by the pro rata billing method described in
ORS 90.532 (1)(b)(C)(ii) shall convert the method of assessing the utility or
service charge to a billing method described in ORS 90.532 (1)(a) or (1)(c).
The landlord shall complete the conversion no later than December 31, 2012. A
conversion under this section to a billing method described in ORS 90.532
(1)(c) is subject to ORS 90.537.

(2)
A landlord that provides water to a manufactured dwelling park solely from a
well or from a source other than those listed in ORS 90.532 (8) is not required
to comply with subsection (1) of this section.

(3)
A landlord that meets the following requirements designed to promote
conservation is not required to comply with subsection (1) of this section:

(a)
The landlord must:

(A)
Bill for water provided to a space using the pro rata billing method described
in ORS 90.532 (1)(b)(C)(ii) by apportioning the utility provider’s charge to
tenants on a pro rata basis, with only the following factors being considered
in the apportionment, notwithstanding ORS 90.534 (2)(c):

(i)
The number of tenants or occupants in the manufactured dwelling compared with
the number of tenants or occupants in the manufactured dwelling park; and

(ii)
The size of a tenant’s space as a percentage of the total area of the
manufactured dwelling park.

(B)
Base two-thirds of the charge to the tenants on the factor described in
subparagraph (A)(i) of this paragraph and one-third of the charge on the factor
described in subparagraph (A)(ii) of this paragraph.

(C)
Determine the number of tenants or occupants in each dwelling unit and in the
manufactured dwelling park at least annually.

(b)
The landlord must demonstrate significant other conservation measures,
including:

(A)
Testing for leaks in common areas of the manufactured dwelling park at least
annually, repairing significant leaks within a reasonable time and making test
results available to tenants;

(B)
Testing each occupied manufactured dwelling and space for leaks without charge
to a tenant occupying the dwelling at least annually and making test results
available to the tenant;

(C)
Posting annually in any manufactured dwelling park office and in any common
area evidence demonstrating that per capita consumption of water in the
manufactured dwelling park is below the area average for single-family
dwellings, as shown by data from the local provider of water; and

(D)
Taking one or more other reasonable measures to promote conservation of water
and to control costs, including educating tenants about water conservation,
prohibiting the washing of motor vehicles in the manufactured dwelling park and
requiring drip irrigation systems or schedules for watering landscaping.

(c)
The landlord must amend the rental agreement of each tenant to describe the
provisions of this subsection and subsection (4) of this section and to
describe the use of the pro rata billing method with additional conservation
measures. The landlord may make the amendment to the rental agreement
unilaterally and must provide written notice of the amendment to the tenant at
least 60 days before the amendment is effective.

(4)
If a landlord subject to this section adopts conservation measures described in
subsection (3) of this section to avoid having to comply with subsection (1) of
this section:

(a)
Notwithstanding ORS 90.539 or 90.725 (2), a tenant must allow a landlord access
to the tenant’s space and to the tenant’s manufactured dwelling so the landlord
can test for water leaks as provided by subsection (3)(b)(B) of this section.

(b)
The landlord must give notice consistent with ORS 90.725 (3)(e) before entering
the tenant’s space or dwelling to test for water leaks.

(c)
A tenant may be required by the landlord to repair a significant leak in the
dwelling found by the landlord’s test. The tenant must make the necessary
repairs within a reasonable time after written notice from the landlord
regarding the leak, given the extent of repair needed and the season. The
tenant’s responsibility for repairs is limited to leaks within the tenant’s
dwelling and from the connection at the ground under the dwelling into the
dwelling. If the tenant fails to make the repair as required, the landlord may
terminate the tenancy pursuant to ORS 90.630.

(d)
Notwithstanding ORS 90.730 (3)(c), a landlord is responsible for maintaining
the water lines within a tenant’s space up to the connection with the dwelling,
including repairing significant leaks found in a test.

(e)
A landlord may use the pro rata billing method described in ORS 90.532
(1)(b)(C)(ii) with the allocation factors described in ORS 90.534 (2)(c) for
common areas.

(f)
Notwithstanding ORS 90.534 (4), a landlord may include in the utility or
service charge the cost to read water meters and to bill tenants for water if
those tasks are performed by a third party service and the landlord allows the
tenants to inspect the third party’s billing records as provided by ORS 90.538.

(5)
A tenant may file an action for injunctive relief to compel compliance by a
landlord with the requirements of subsections (1), (3) and (4) of this section
and for actual damages plus at least two months’ rent as a penalty for
noncompliance by the landlord with subsections (1), (3) and (4) of this
section. A landlord is not liable for damages for a failure to comply with the
requirements of subsections (1), (3) and (4) of this section if the
noncompliance is only a good faith mistake by the landlord in counting the
number of tenants and occupants in each dwelling unit or the manufactured
dwelling park pursuant to subsection (3)(a) of this section. [2009 c.479 §1;
2011 c.503 §4; 2013 c.443 §9]

90.545
Fixed term tenancy expiration; renewal or extension; new rental agreements;
tenant refusal of new rental agreement; written storage agreement upon
termination of tenancy. (1) Except as provided under subsections (2) to (6)
of this section, a fixed term tenancy for space for a manufactured dwelling or
floating home, upon reaching its ending date, automatically renews as a
month-to-month tenancy having the same terms and conditions, other than
duration and rent increases under ORS 90.600, unless the tenancy is terminated
under ORS 90.380 (5)(b), 90.394, 90.396, 90.398, 90.630 or 90.632.

(2)
To renew or extend a fixed term tenancy for another term, of any duration that
is consistent with ORS 90.550, the landlord shall submit the proposed new
rental agreement to the tenant at least 60 days prior to the ending date of the
term. The landlord shall include with the proposed agreement a written
statement that summarizes any new or revised terms, conditions, rules or
regulations.

(3)
Notwithstanding ORS 90.610 (3), a landlord’s proposed new rental agreement may
include new or revised terms, conditions, rules or regulations, if the new or
revised terms, conditions, rules or regulations:

(a)(A)
Fairly implement a statute or ordinance adopted after the creation of the
existing agreement; or

(B)
Are the same as those offered to new or prospective tenants in the facility at
the time the proposed agreement is submitted to the tenant and for the
six-month period preceding the submission of the proposed agreement or, if
there have been no new or prospective tenants during the six-month period, are
the same as are customary for the rental market;

(b)
Are consistent with the rights and remedies provided to tenants under this
chapter, including the right to keep a pet pursuant to ORS 90.530;

(c)
Do not relate to the age, size, style, construction material or year of
construction of the manufactured dwelling or floating home contrary to ORS
90.632 (2); and

(d)
Do not require an alteration of the manufactured dwelling or floating home or
alteration or new construction of an accessory building or structure.

(4)
A tenant shall accept or reject a landlord’s proposed new rental agreement at
least 30 days prior to the ending of the term by giving written notice to the
landlord.

(5)
If a landlord fails to submit a proposed new rental agreement as provided by
subsection (2) of this section, the tenancy renews as a month-to-month tenancy
as provided by subsection (1) of this section.

(6)
If a tenant fails to accept or unreasonably rejects a landlord’s proposed new
rental agreement as provided by subsection (4) of this section, the fixed term
tenancy terminates on the ending date without further notice and the landlord
may take possession by complying with ORS 105.105 to 105.168.

(7)
If a tenancy terminates under conditions described in subsection (6) of this
section, and the tenant surrenders or delivers possession of the premises to
the landlord prior to the filing of an action pursuant to ORS 105.110, the
tenant has the right to enter into a written storage agreement with the
landlord, with the tenant having the same rights and responsibilities as a
lienholder under ORS 90.675 (19), except that the landlord may limit the term
of the storage agreement to not exceed six months. Unless the parties agree otherwise,
the storage agreement must commence upon the date of the termination of the
tenancy. The rights under ORS 90.675 of any lienholder are delayed until the
end of the tenant storage agreement. [2001 c.596 §24; 2003 c.658 §6; 2005 c.22 §64;
2005 c.391 §24]

90.550
Permissible forms of tenancy; minimum fixed term. A rental
agreement for a space for a manufactured dwelling or floating home must be a
month-to-month or fixed term tenancy. A rental agreement for a fixed term
tenancy must have a duration or term of at least two years. [Formerly 90.540]

90.555
Subleasing agreements. (1) A facility tenant may not rent the tenant’s
manufactured dwelling or floating home to another person for a period exceeding
three days unless the facility landlord, facility tenant and dwelling or home
renter enter into a written subleasing agreement specifying the rights and
obligations of the landlord, tenant and renter during the renter’s occupancy of
the dwelling or home. The subleasing agreement shall include, but need not be
limited to, provisions that require the dwelling or home renter to timely pay
directly to the facility landlord the space rent, any separately assessed fees
payable under the rental agreement and any separately billed utility or service
charge described in ORS 90.532 (1)(b) or (c), and provisions that grant the dwelling
or home renter the same rights as the facility tenant to cure a violation of
the rental agreement for the facility space, to require facility landlord
compliance with ORS 90.730 and to be protected from retaliatory conduct under
ORS 90.765. This subsection does not authorize a facility tenant to rent a
manufactured dwelling or floating home to another person in violation of the
rental agreement between the facility tenant and the facility landlord.

(2)
Notwithstanding ORS 90.100 (47), a facility tenant who enters into a subleasing
agreement continues to be the tenant of the facility space and retains all
rights and obligations of a facility tenant under the rental agreement and this
chapter. The occupancy of a manufactured dwelling or floating home by a renter
as provided in a subleasing agreement does not constitute abandonment of the
dwelling or home by the facility tenant.

(3)
The rights and obligations of the dwelling or home renter under a subleasing
agreement are in addition to the rights and obligations retained by the
facility tenant under subsection (2) of this section. The rights and
obligations of the dwelling or home renter under the subleasing agreement are
separate from any rights or obligations of the renter under ORS 90.100 to 90.465
applicable to the renter’s occupancy of the manufactured dwelling or floating
home owned by the facility tenant.

(4)
Unless otherwise provided in the subleasing agreement, a facility landlord may
terminate a subleasing agreement:

(a)
Without cause by giving the dwelling or home renter written notice not less
than 30 days prior to the termination;

(b)
If a condition described in ORS 90.380 (5)(b) exists for the facility space, by
giving the renter the same notice to which the facility tenant is entitled under
ORS 90.380 (5)(b); or

(c)
Subject to the cure right established in subsection (1) of this section and
regardless of whether the landlord terminates the rental agreement of the
facility tenant:

(A)
For nonpayment of facility space rent; or

(B)
For any conduct by the dwelling or home renter that would be a violation of the
rental agreement under ORS 90.396 or 90.398 if committed by the facility
tenant.

(5)
Upon termination of a subleasing agreement by the facility landlord, whether
with or without cause, the dwelling or home renter and the facility tenant are
excused from continued performance under any agreement for the renter’s
occupancy of the manufactured dwelling or floating home owned by the facility
tenant.

(6)(a)
If, during the term of a subleasing agreement, the facility landlord gives
notice to the facility tenant of a rental agreement violation, of a law or
ordinance violation or of the facility’s closure, conversion or sale, the
landlord shall also promptly give a copy of the notice to the dwelling or home
renter. The giving of notice to the dwelling or home renter does not constitute
notice to the facility tenant unless the tenant has expressly appointed the
renter as the tenant’s agent for purposes of receiving notice.

(b)
If the facility landlord gives notice to the dwelling or home renter that the
landlord is terminating the subleasing agreement, the landlord shall also
promptly give a copy of the notice to the facility tenant. The landlord shall
give the notice to the facility tenant in the same manner as for giving notice
of a rental agreement violation.

(c)
If, during the term of a subleasing agreement, the facility tenant gives notice
to the facility landlord of a rental agreement violation, termination of
tenancy or sale of the manufactured dwelling or floating home, the tenant shall
also promptly give a copy of the notice to the dwelling or home renter.

(d)
If the dwelling or home renter gives notice to the facility landlord of a
violation of ORS 90.730, the renter shall also promptly give a copy of the
notice to the facility tenant. [2007 c.831 §2; 2011 c.42 §12; 2013 c.443 §10]

(Landlord
and Tenant Relations)

90.600
Increases in rent; notice; meeting with tenants; effect of failure to meet. (1) If a rental
agreement is a month-to-month tenancy to which ORS 90.505 to 90.840 apply, the
landlord may not increase the rent unless the landlord gives notice in writing
to each affected tenant at least 90 days prior to the effective date of the
rent increase specifying the amount of the increase, the amount of the new rent
and the date on which the increase becomes effective.

(2)
This section does not create a right to increase rent that does not otherwise
exist.

(3)
This section does not require a landlord to compromise, justify or reduce a
rent increase that the landlord otherwise is entitled to impose.

(4)
Neither ORS 90.510 (1), requiring a landlord to provide a statement of policy,
nor ORS 90.510 (4), requiring a landlord to provide a written rental agreement,
create a basis for tenant challenge of a rent increase, judicially or
otherwise.

(5)(a)
The tenants who reside in a facility may elect one committee of seven or fewer
members in a facility-wide election to represent the tenants. One tenant of
record for each rented space may vote in the election. Upon written request
from the tenants’ committee, the landlord or a representative of the landlord
shall meet with the committee within 10 to 30 days of the request to discuss
the tenants’ nonrent concerns regarding the facility. Unless the parties agree
otherwise, upon a request from the tenants’ committee, a landlord or
representative of the landlord shall meet with the tenants’ committee at least
once, but not more than twice, each calendar year. The meeting shall be held on
the premises if the facility has suitable meeting space for that purpose, or at
a location reasonably convenient to the tenants. After the meeting, the tenants’
committee shall send a written summary of the issues and concerns addressed at
the meeting to the landlord. The landlord or the landlord’s representative
shall make a good faith response in writing to the committee’s summary within
60 days.

(b)
The tenants’ committee is entitled to informal dispute resolution in accordance
with ORS 446.547 if the landlord or landlord’s representative fails to meet
with the tenants’ committee or fails to respond in good faith to the written
summary as required by paragraph (a) of this subsection. [Formerly 91.869; 1991
c.844 §8; 1995 c.559 §35; 1997 c.577 §26a; 1999 c.676 §21; 2001 c.596 §36]

90.605
Persons authorized to receive notice and demands on landlord’s behalf; written
notice to change designated person. Any person authorized by the landlord
of a facility to receive notices and demands on the landlord’s behalf retains
this authority until the authorized person is notified otherwise. Written
notice of any change in the name or address of the person authorized to receive
notices and demands shall be delivered to the residence of each person who
rents a space for a manufactured dwelling or floating home or, if specified in
writing by the tenant, to another specified address. [Formerly 91.935; 1991
c.844 §11]

90.610
Informal dispute resolution; notice of proposed change in rule or regulation;
objection to change by tenant. (1) As used in this section, “eligible
space” means each space in the facility as long as:

(a)
The space is rented to a tenant and the tenancy is subject to ORS 90.505 to
90.840; and

(b)
The tenant who occupies the space has not:

(A)
Previously agreed to a rental agreement that includes the proposed rule or
regulation change; or

(B)
Become subject to the proposed rule or regulation change as a result of a
change in rules or regulations previously adopted in a manner consistent with
this section.

(2)
Notwithstanding ORS 90.245 (1), the parties to a rental agreement to which ORS
90.505 to 90.840 apply shall provide for a process establishing informal
dispute resolution of disputes that may arise concerning the rental agreement
for a manufactured dwelling or floating home space.

(3)
The landlord may propose changes in rules or regulations, including changes
that make a substantial modification of the landlord’s bargain with a tenant,
by giving written notice of the proposed rule or regulation change, and unless
tenants of at least 51 percent of the eligible spaces in the facility object in
writing within 30 days of the date the notice was served, the change shall
become effective for all tenants of those spaces on a date not less than 60
days after the date that the notice was served by the landlord.

(4)
One tenant of record per eligible space may object to the rule or regulation
change through either:

(a)
A signed and dated written communication to the landlord; or

(b)
A petition format that is signed and dated by tenants of eligible spaces and
that includes a copy of the proposed rule or regulation and a copy of the
notice.

(5)
If a tenant of an eligible space signs both a written communication to the
landlord and a petition under subsection (4) of this section, or signs more
than one written communication or petition, only the latest signature of the
tenant may be counted.

(6)
Notwithstanding subsection (4) of this section, a proxy may be used only if a
tenant has a disability that prevents the tenant from objecting to the rule or
regulation change in writing.

(7)
The landlord’s notice of a proposed change in rules or regulations required by
subsection (3) of this section must be given or served as provided in ORS
90.155 and must include:

(a)
Language of the existing rule or regulation and the language that would be
added or deleted by the proposed rule or regulation change; and

(b)
A statement substantially in the following form, with all blank spaces in the
notice to be filled in by the landlord:

(8)
A good faith mistake by the landlord in completing those portions of the notice
relating to the number of eligible spaces that have tenants entitled to vote or
relating to space or street identification numbers does not invalidate the
notice or the proposed rule or regulation change.

(9)
After the effective date of the rule or regulation change, when a tenant
continues to engage in an activity affected by the new rule or regulation to
which the landlord objects, the landlord may give the tenant a notice of
termination of the tenancy pursuant to ORS 90.630. The notice shall include a
statement that the tenant may request a resolution through the facility’s
informal dispute resolution process by giving the landlord a written request
within seven days from the date the notice was served. If the tenant requests
an informal dispute resolution, the landlord may not file an action for
possession pursuant to ORS 105.105 to 105.168 until 30 days after the date of
the tenant’s request for informal dispute resolution or the date the informal
dispute resolution is complete, whichever occurs first.

(10)
An agreement under this section may not require informal dispute resolution of
disputes relating to:

(a)
Facility closure;

(b)
Facility sale; or

(c)
Rent, including but not limited to amount, increase and nonpayment.

90.620
Termination by tenant; notice to landlord. (1) The tenant who rents a space
for a manufactured dwelling or floating home may terminate a rental agreement
that is a month-to-month or fixed term tenancy without cause by giving to the
landlord, at any time during the tenancy, not less than 30 days’ notice in
writing prior to the date designated in the notice for the termination of the
tenancy.

(2)
The tenant may terminate a rental agreement that is a month-to-month or fixed
term tenancy for cause pursuant to ORS 90.315, 90.360 (1), 90.365 (2), 90.375
or 90.380.

(3)
A tenant may not be required to give the landlord more than 30 days’ written
notice to terminate. [Formerly 91.880; 1991 c.67 §15; 1993 c.18 §16; 2001 c.596
§37]

90.630
Termination by landlord; causes; notice; cure; repeated nonpayment of rent. (1) Except as
provided in subsection (4) of this section, the landlord may terminate a rental
agreement that is a month-to-month or fixed term tenancy for space for a
manufactured dwelling or floating home by giving to the tenant not less than 30
days’ notice in writing before the date designated in the notice for
termination if the tenant:

(a)
Violates a law or ordinance related to the tenant’s conduct as a tenant,
including but not limited to a material noncompliance with ORS 90.740;

(b)
Violates a rule or rental agreement provision related to the tenant’s conduct
as a tenant and imposed as a condition of occupancy, including but not limited
to a material noncompliance with a rental agreement regarding a program of
recovery in drug and alcohol free housing;

(c)
Is classified as a level three sex offender under ORS 181.800 (3) or is
determined to be a predatory sex offender under ORS 181.838; or

(d)
Fails to pay a:

(A)
Late charge pursuant to ORS 90.260;

(B)
Fee pursuant to ORS 90.302; or

(C)
Utility or service charge pursuant to ORS 90.534 or 90.536.

(2)
A violation making a tenant subject to termination under subsection (1) of this
section includes a tenant’s failure to maintain the space as required by law,
ordinance, rental agreement or rule, but does not include the physical
condition of the dwelling or home. Termination of a rental agreement based upon
the physical condition of a dwelling or home shall only be as provided in ORS
90.632.

(3)
The notice required by subsection (1) of this section shall state facts
sufficient to notify the tenant of the reasons for termination of the tenancy
and state that the tenant may avoid termination by correcting the violation as
provided in subsection (4) of this section.

(4)
The tenant may avoid termination of the tenancy by correcting the violation
within the 30-day period specified in subsection (1) of this section. However,
if substantially the same act or omission that constituted a prior violation of
which notice was given recurs within six months after the date of the notice,
the landlord may terminate the tenancy upon at least 20 days’ written notice
specifying the violation and the date of termination of the tenancy.

(5)
Notwithstanding subsection (3) or (4) of this section, a tenant who is given a
notice of termination under subsection (1)(c) of this section does not have a
right to correct the violation. A notice given to a tenant under subsection
(1)(c) of this section must state that the tenant does not have a right to
avoid the termination.

(6)
This section does not limit a landlord’s right to terminate a tenancy for
nonpayment of rent under ORS 90.394 or for other cause under ORS 90.380 (5)(b),
90.396, 90.398 or 90.632 by complying with ORS 105.105 to 105.168.

(7)
A tenancy terminates on the date designated in the notice and without regard to
the expiration of the period for which, by the terms of the rental agreement,
rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable
from day to day.

(8)
Notwithstanding any other provision of this section or ORS 90.394, 90.396 or
90.398, the landlord may terminate the rental agreement for space for a
manufactured dwelling or floating home because of repeated late payment of rent
by giving the tenant not less than 30 days’ notice in writing before the date
designated in that notice for termination and may take possession as provided
in ORS 105.105 to 105.168 if:

(a)
The tenant has not paid the monthly rent prior to the eighth day of the rental
period as described in ORS 90.394 (2)(a) or the fifth day of the rental period
as described in ORS 90.394 (2)(b) in at least three of the preceding 12 months
and the landlord has given the tenant a nonpayment of rent termination notice
pursuant to ORS 90.394 (2) during each of those three instances of nonpayment;

(b)
The landlord warns the tenant of the risk of a 30-day notice for termination
with no right to correct the cause, upon the occurrence of a third nonpayment
of rent termination notice within a 12-month period. The warning must be contained
in at least two nonpayment of rent termination notices that precede the third
notice within a 12-month period or in separate written notices that are given
concurrent with, or a reasonable time after, each of the two nonpayment of rent
termination notices; and

(c)
The 30-day notice of termination states facts sufficient to notify the tenant
of the cause for termination of the tenancy and is given to the tenant
concurrent with or after the third or a subsequent nonpayment of rent
termination notice.

(9)
Notwithstanding subsection (4) of this section, a tenant who receives a 30-day
notice of termination pursuant to subsection (8) of this section does not have
a right to correct the cause for the notice.

(10)
The landlord may give a copy of the notice required by subsection (8) of this
section to any lienholder of the manufactured dwelling or floating home by
first class mail with certificate of mailing or by any other method allowed by
ORS 90.150 (2) and (3). A landlord is not liable to a tenant for any damages
incurred by the tenant as a result of the landlord giving a copy of the notice
in good faith to a lienholder. A lienholder’s rights and obligations regarding
an abandoned manufactured dwelling or floating home shall be as provided under
ORS 90.675. [Formerly 91.886; 1991 c.844 §12; 1995 c.559 §37; 1995 c.633 §1;
1999 c.676 §22; 2001 c.596 §38; 2005 c.22 §65; 2005 c.391 §25; 2005 c.619 §20;
2007 c.906 §32; 2013 c.708 §15]

90.632
Termination of tenancy due to physical condition of manufactured dwelling or
floating home; correction of condition by tenant. (1) A landlord
may terminate a month-to-month or fixed term rental agreement and require the
tenant to remove a manufactured dwelling or floating home from a facility, due
to the physical condition of the manufactured dwelling or floating home, only
by complying with this section and ORS 105.105 to 105.168. A termination shall
include removal of the dwelling or home.

(2)
A landlord may not require removal of a manufactured dwelling or floating home,
or consider a dwelling or home to be in disrepair or deteriorated, because of
the age, size, style or original construction material of the dwelling or home
or because the dwelling or home was built prior to adoption of the National
Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
5403), in compliance with the standards of that Act in effect at that time or
in compliance with the state building code as defined in ORS 455.010.

(3)
Except as provided in subsection (5) of this section, if the tenant’s dwelling
or home is in disrepair or is deteriorated, a landlord may terminate a rental
agreement and require the removal of a dwelling or home by giving to the tenant
not less than 30 days’ written notice before the date designated in the notice
for termination.

(4)
The notice required by subsection (3) of this section must:

(a)
State facts sufficient to notify the tenant of the causes or reasons for
termination of the tenancy and removal of the dwelling or home;

(b)
State that the tenant can avoid termination and removal by correcting the cause
for termination and removal within the notice period;

(c)
Describe what is required to correct the cause for termination;

(d)
Describe the tenant’s right to give the landlord a written notice of
correction, where to give the notice and the deadline for giving the notice in
order to ensure a response by the landlord, all as provided by subsection (6)
of this section; and

(e)
Describe the tenant’s right to have the termination and correction period
extended as provided by subsection (7) of this section.

(5)
The tenant may avoid termination of the tenancy by correcting the cause within
the period specified. However, if substantially the same condition that
constituted a prior cause for termination of which notice was given recurs
within 12 months after the date of the notice, the landlord may terminate the
tenancy and require the removal of the dwelling or home upon at least 30 days’
written notice specifying the violation and the date of termination of the
tenancy.

(6)
During the termination notice or extension period, the tenant may give the
landlord written notice that the tenant has corrected the cause for
termination. Within a reasonable time after the tenant’s notice of correction,
the landlord shall respond to the tenant in writing, stating whether the
landlord agrees that the cause has been corrected. If the tenant’s notice of
correction is given at least 14 days prior to the end of the termination notice
or extension period, failure by the landlord to respond as required by this
subsection is a defense to a termination based upon the landlord’s notice for
termination.

(7)
Except when the disrepair or deterioration creates a risk of imminent and
serious harm to other dwellings, homes or persons within the facility, the
30-day period provided for the tenant to correct the cause for termination and
removal shall be extended by at least:

(a)
An additional 60 days if:

(A)
The necessary correction involves exterior painting, roof repair, concrete
pouring or similar work and the weather prevents that work during a substantial
portion of the 30-day period; or

(B)
The nature or extent of the correction work is such that it cannot reasonably
be completed within 30 days because of factors such as the amount of work
necessary, the type and complexity of the work and the availability of
necessary repair persons; or

(b)
An additional six months if the disrepair or deterioration has existed for more
than the preceding 12 months with the landlord’s knowledge or acceptance as
described in ORS 90.412.

(8)
In order to have the period for correction extended as provided in subsection
(7) of this section, a tenant must give the landlord written notice describing
the necessity for an extension in order to complete the correction work. The
notice must be given a reasonable amount of time prior to the end of the notice
for termination period.

(9)
A tenancy terminates on the date designated in the notice and without regard to
the expiration of the period for which, by the terms of the rental agreement,
rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable
from day to day.

(10)
This section does not limit a landlord’s right to terminate a tenancy for
nonpayment of rent under ORS 90.394 or for other cause under ORS 90.380 (5)(b),
90.396, 90.398 or 90.630 by complying with ORS 105.105 to 105.168.

(11)
A landlord may give a copy of the notice for termination required by this
section to any lienholder of the dwelling or home, by first class mail with
certificate of mailing or by any other method allowed by ORS 90.150 (2) and
(3). A landlord is not liable to a tenant for any damages incurred by the
tenant as a result of the landlord giving a copy of the notice in good faith to
a lienholder.

(12)
When a tenant has been given a notice for termination pursuant to this section
and has subsequently abandoned the dwelling or home as described in ORS 90.675,
any lienholder shall have the same rights as provided by ORS 90.675, including
the right to correct the cause of the notice, within the 90-day period provided
by ORS 90.675 (19) notwithstanding the expiration of the notice period provided
by this section for the tenant to correct the cause. [1999 c.603 §2b and 1999
c.676 §4; 2001 c.596 §39; 2003 c.658 §7; 2005 c.22 §66; 2005 c.391 §26; 2007
c.906 §33]

90.634
Prohibition against lien for rent; action for possession; disposition of
dwelling or home; disposition of goods. (1) A landlord may not assert a lien
under ORS 87.162 for dwelling unit rent against a manufactured dwelling or
floating home located in a facility. Notwithstanding ORS 90.100 (47) and 90.675
and regardless of whether the owner of a manufactured dwelling or floating home
occupies the dwelling or home as a residence, a facility landlord that is
entitled to unpaid rent and receives possession of the facility space from the
sheriff following restitution pursuant to ORS 105.161 may sell or dispose of
the dwelling or home as provided in ORS 90.675.

(2)
If a manufactured dwelling or floating home was occupied immediately prior to
abandonment by a person other than the facility tenant, and the name and
address of the person are known to the landlord, a landlord selling or
disposing of the dwelling or home under subsection (1) of this section shall
promptly send the person a copy of the notice sent to the facility tenant under
ORS 90.675 (3). Notwithstanding ORS 90.425, the facility landlord may sell or
dispose of goods left in the dwelling or home or upon the dwelling unit by the
person in the same manner as if the goods were left by the facility tenant. If
the name and address of the person are known to the facility landlord, the
landlord shall promptly send the person a copy of the written notice sent to
the facility tenant under ORS 90.425 (3) and allow the person the time
described in the notice to arrange for removal of the goods. [2007 c.831 §4;
2011 c.42 §13; 2013 c.443 §11]

90.643
Conversion of manufactured dwelling park to planned community subdivision of
manufactured dwellings. (1) A manufactured dwelling park may be converted
to a planned community subdivision of manufactured dwellings pursuant to ORS
92.830 to 92.845. When a manufactured dwelling park is converted pursuant to
ORS 92.830 to 92.845:

(a)
Conversion does not require closure of the park pursuant to ORS 90.645 or
termination of any tenancy on any space in the park or any lot in the planned
community subdivision of manufactured dwellings.

(b)
After approval of the tentative plan under ORS 92.830 to 92.845, the manufactured
dwelling park ceases to exist, notwithstanding the possibility that four or
more lots in the planned community subdivision may be available for rent.

(2)
If a park is converted to a subdivision under ORS 92.830 to 92.845, and the
landlord closes the park as a result of the conversion, ORS 90.645 applies to
the closure.

(3)
If a park is converted to a subdivision under ORS 92.830 to 92.845, but the
landlord does not close the park as a result of the conversion:

(a)
A tenant who does not buy the space occupied by the tenant’s manufactured
dwelling may terminate the tenancy and move. If the tenant terminates the
tenancy after receiving the notice required by ORS 92.839 and before the
expiration of the 60-day period described in ORS 92.840 (2), the landlord shall
pay the tenant as provided in ORS 90.645 (1)(b).

(b)
If the landlord and the tenant continue the tenancy on the lot created in the
planned community subdivision, the tenancy is governed by ORS 90.100 to 90.465,
except that the following provisions apply and, in the case of a conflict,
control:

(A)
ORS 90.510 (4) to (7) applies to a rental agreement and rules and regulations
concerning the use and occupancy of the subdivision lot until the declarant
turns over administrative control of the planned community subdivision of
manufactured dwellings to a homeowners association pursuant to ORS 94.600 and
94.604 to 94.621. The landlord shall provide each tenant with a copy of the
bylaws, rules and regulations of the homeowners association at least 60 days
before the turnover meeting described in ORS 94.609.

(B)
ORS 90.530 applies regarding pets.

(C)
ORS 90.545 applies regarding the extension of a fixed term tenancy.

(D)
ORS 90.600 (1) to (4) applies to an increase in rent.

(E)
ORS 90.620 applies to a termination by a tenant.

(F)
ORS 90.630 applies to a termination by a landlord for cause. However, the sale
of a lot in the planned community subdivision occupied by a tenant to someone
other than the tenant is a good cause for termination under ORS 90.630 that the
tenant cannot cure or correct and for which the landlord must give written
notice of termination that states the cause of termination at least 180 days
before termination.

(G)
ORS 90.632 applies to a termination of tenancy by a landlord due to the
physical condition of the manufactured dwelling.

(H)
ORS 90.634 applies to a lien for manufactured dwelling unit rent.

(I)
ORS 90.680 applies to the sale of a manufactured dwelling occupying a lot in
the planned community subdivision. If the intention of the buyer of the
manufactured dwelling is to leave the dwelling on the lot, the landlord may
reject the buyer as a tenant if the buyer does not buy the lot also.

(J)
ORS 90.710 applies to a cause of action for a violation of ORS 90.510 (4) to
(7), 90.630, 90.680 or 90.765.

(K)
ORS 90.725 applies to landlord access to a rented lot in a planned community
subdivision.

(L)
ORS 90.730 (2), (3), (4) and (7) apply to the duty of a landlord to maintain a
rented lot in a habitable condition.

(M)
ORS 90.750 applies to the right of a tenant to assemble or canvass.

(N)
ORS 90.755 applies to the right of a tenant to speak on political issues and to
post political signs.

(O)
ORS 90.765 applies to retaliatory conduct by a landlord.

(P)
ORS 90.771 applies to the confidentiality of information provided to the Office
of Manufactured Dwelling Park Community Relations of the Housing and Community
Services Department about disputes. [2011 c.503 §17; 2013 c.443 §12]

90.645
Closure of manufactured dwelling park; notices; payments to tenants. (1) If a
manufactured dwelling park, or a portion of the park that includes the space
for a manufactured dwelling, is to be closed and the land or leasehold
converted to a use other than as a manufactured dwelling park, and the closure
is not required by the exercise of eminent domain or by order of federal, state
or local agencies, the landlord may terminate a month-to-month or fixed term
rental agreement for a manufactured dwelling park space:

(a)
By giving the tenant not less than 365 days’ notice in writing before the date
designated in the notice for termination; and

(b)
By paying a tenant, for each space for which a rental agreement is terminated,
one of the following amounts:

(A)
$5,000 if the manufactured dwelling is a single-wide dwelling;

(B)
$7,000 if the manufactured dwelling is a double-wide dwelling; or

(C)
$9,000 if the manufactured dwelling is a triple-wide or larger dwelling.

(2)
Notwithstanding subsection (1) of this section, if a landlord closes a
manufactured dwelling park under this section as a result of converting the
park to a subdivision under ORS 92.830 to 92.845, the landlord:

(a)
May terminate a rental agreement by giving the tenant not less than 180 days’
notice in writing before the date designated in the notice for termination.

(b)
Is not required to make a payment under subsection (1)(b) of this section to a
tenant who:

(A)
Buys the space or lot on which the tenant’s manufactured dwelling is located and
does not move the dwelling; or

(B)
Sells the manufactured dwelling to a person who buys the space or lot.

(3)
A notice given under subsection (1) or (2) of this section shall, at a minimum:

(a)
State that the landlord is closing the park, or a portion of the park, and
converting the land or leasehold to a different use;

(b)
Designate the date of closure; and

(c)
Include the tax credit notice described in ORS 90.650.

(4)
Except as provided in subsections (2) and (5) of this section, the landlord must
pay a tenant the full amount required under subsection (1)(b) of this section
regardless of whether the tenant relocates or abandons the manufactured
dwelling. The landlord shall pay at least one-half of the payment amount to the
tenant within seven days after receiving from the tenant the notice described
in subsection (5)(a) of this section. The landlord shall pay the remaining
amount no later than seven days after the tenant ceases to occupy the space.

(5)
Notwithstanding subsection (1) of this section:

(a)
A landlord is not required to make a payment to a tenant as provided in
subsection (1) of this section unless the tenant gives the landlord not less
than 30 days’ and not more than 60 days’ written notice of the date within the
365-day period on which the tenant will cease tenancy, whether by relocation or
abandonment of the manufactured dwelling.

(b)
If the manufactured dwelling is abandoned:

(A)
The landlord may condition the payment required by subsection (1) of this
section upon the tenant waiving any right to receive payment under ORS 90.425
or 90.675.

(B)
The landlord may not charge the tenant to store, sell or dispose of the
abandoned manufactured dwelling.

(6)(a)
A landlord may not charge a tenant any penalty, fee or unaccrued rent for moving
out of the manufactured dwelling park prior to the end of the 365-day notice
period.

(b)
A landlord may charge a tenant for rent for any period during which the tenant
occupies the space and may deduct from the payment amount required by
subsection (1) of this section any unpaid moneys owed by the tenant to the
landlord.

(7)
A landlord may not increase the rent for a manufactured dwelling park space
after giving a notice of termination under this section to the tenant of the
space.

(8)
This section does not limit a landlord’s right to terminate a tenancy for
nonpayment of rent under ORS 90.394 or for other cause under ORS 90.380 (5)(b),
90.396, 90.398 or 90.632 by complying with ORS 105.105 to 105.168.

(9)
If a landlord is required to close a manufactured dwelling park by the exercise
of eminent domain or by order of a federal, state or local agency, the landlord
shall notify the park tenants no later than 15 days after the landlord receives
notice of the exercise of eminent domain or of the agency order. The notice to
the tenants shall be in writing, designate the date of closure, state the
reason for the closure, describe the tax credit available under section 17,
chapter 906, Oregon Laws 2007, and any government relocation benefits known by
the landlord to be available to the tenants and comply with any additional
content requirements under ORS 90.650. [2007 c.906 §2]

Note: The amendments
to 90.645 by section 2a, chapter 906, Oregon Laws 2007, become operative
January 1, 2020. See section 2b, chapter 906, Oregon Laws 2007, as amended by
section 1, chapter 83, Oregon Laws 2011, and section 34, chapter 750, Oregon
Laws 2013. The text that is operative on and after January 1, 2020, is set
forth for the user’s convenience.

90.645. (1) If a
manufactured dwelling park, or a portion of the park that includes the space
for a manufactured dwelling, is to be closed and the land or leasehold
converted to a use other than as a manufactured dwelling park, and the closure
is not required by the exercise of eminent domain or by order of federal, state
or local agencies, the landlord may terminate a month-to-month or fixed term
rental agreement for a manufactured dwelling park space:

(a)
By giving the tenant not less than 365 days’ notice in writing before the date
designated in the notice for termination; and

(b)
By paying a tenant, for each space for which a rental agreement is terminated,
one of the following amounts:

(A)
$5,000 if the manufactured dwelling is a single-wide dwelling;

(B)
$7,000 if the manufactured dwelling is a double-wide dwelling; or

(C)
$9,000 if the manufactured dwelling is a triple-wide or larger dwelling.

(2)
Notwithstanding subsection (1) of this section, if a landlord closes a
manufactured dwelling park under this section as a result of converting the
park to a subdivision under ORS 92.830 to 92.845, the landlord:

(a)
May terminate a rental agreement by giving the tenant not less than 180 days’
notice in writing before the date designated in the notice for termination.

(b)
Is not required to make a payment under subsection (1)(b) of this section to a
tenant who:

(A)
Buys the space or lot on which the tenant’s manufactured dwelling is located
and does not move the dwelling; or

(B)
Sells the manufactured dwelling to a person who buys the space or lot.

(3)
A notice given under subsection (1) or (2) of this section shall, at a minimum:

(a)
State that the landlord is closing the park, or a portion of the park, and
converting the land or leasehold to a different use;

(b)
Designate the date of closure; and

(c)
Include the tax notice described in ORS 90.650.

(4)
Except as provided in subsections (2) and (5) of this section, the landlord
must pay a tenant the full amount required under subsection (1)(b) of this
section regardless of whether the tenant relocates or abandons the manufactured
dwelling. The landlord shall pay at least one-half of the payment amount to the
tenant within seven days after receiving from the tenant the notice described
in subsection (5)(a) of this section. The landlord shall pay the remaining
amount no later than seven days after the tenant ceases to occupy the space.

(5)
Notwithstanding subsection (1) of this section:

(a)
A landlord is not required to make a payment to a tenant as provided in
subsection (1) of this section unless the tenant gives the landlord not less
than 30 days’ and not more than 60 days’ written notice of the date within the
365-day period on which the tenant will cease tenancy, whether by relocation or
abandonment of the manufactured dwelling.

(b)
If the manufactured dwelling is abandoned:

(A)
The landlord may condition the payment required by subsection (1) of this
section upon the tenant waiving any right to receive payment under ORS 90.425
or 90.675.

(B)
The landlord may not charge the tenant to store, sell or dispose of the
abandoned manufactured dwelling.

(6)(a)
A landlord may not charge a tenant any penalty, fee or unaccrued rent for
moving out of the manufactured dwelling park prior to the end of the 365-day
notice period.

(b)
A landlord may charge a tenant for rent for any period during which the tenant
occupies the space and may deduct from the payment amount required by
subsection (1) of this section any unpaid moneys owed by the tenant to the landlord.

(7)
A landlord may not increase the rent for a manufactured dwelling park space
after giving a notice of termination under this section to the tenant of the
space.

(8)
This section does not limit a landlord’s right to terminate a tenancy for nonpayment
of rent under ORS 90.394 or for other cause under ORS 90.380 (5)(b), 90.396,
90.398 or 90.632 by complying with ORS 105.105 to 105.168.

(9)
If a landlord is required to close a manufactured dwelling park by the exercise
of eminent domain or by order of a federal, state or local agency, the landlord
shall notify the park tenants no later than 15 days after the landlord receives
notice of the exercise of eminent domain or of the agency order. The notice to
the tenants shall be in writing, designate the date of closure, state the
reason for the closure, describe any government relocation benefits known by
the landlord to be available to the tenants and comply with any additional
content requirements under ORS 90.650.

(10)
The Office of Manufactured Dwelling Park Community Relations shall adopt rules
establishing a sample form for the notice described in subsection (3) of this
section.

90.650
Notice of tax provisions to tenants of closing manufactured dwelling park;
rules.
(1) If a manufactured dwelling park or a portion of a manufactured dwelling
park is closed, resulting in the termination of the rental agreement between
the landlord of the park and a tenant renting space for a manufactured
dwelling, whether because of the exercise of eminent domain, by order of a
federal, state or local agency or as provided under ORS 90.645 (1), the
landlord shall provide notice to the tenant of the tax credit provided under
section 17, chapter 906, Oregon Laws 2007. The notice shall state the
eligibility requirements for the credit, information on how to apply for the
credit and any other information required by the Office of Manufactured
Dwelling Park Community Relations or the Department of Revenue by rule. The
notice shall also state that the closure may allow the taxpayer to appeal the
property tax assessment on the manufactured dwelling.

(2)
The office shall adopt rules establishing a sample form for the notice
described in this section and the notice described in ORS 90.645 (3).

(3)
The department, in consultation with the office, shall adopt rules establishing
a sample form and explanation for the property tax assessment appeal.

Note: The amendments
to 90.650 by section 7a, chapter 906, Oregon Laws 2007, become operative
January 1, 2020. See section 7b, chapter 906, Oregon Laws 2007, as amended by
section 3, chapter 83, Oregon Laws 2011, and section 35, chapter 750, Oregon
Laws 2013. The text that is operative on and after January 1, 2020, is set
forth for the user’s convenience.

90.650. (1) If a
manufactured dwelling park or a portion of a manufactured dwelling park is
closed, resulting in the termination of the rental agreement between the
landlord of the park and a tenant renting space for a manufactured dwelling,
whether because of the exercise of eminent domain, by order of a federal, state
or local agency or as provided under ORS 90.645 (1), the landlord shall provide
notice to the tenant that the closure may allow the taxpayer to appeal the
property tax assessment on the manufactured dwelling.

(2)
The Department of Revenue, in consultation with the Office of Manufactured
Dwelling Park Community Relations, shall adopt rules establishing a sample form
and explanation for the property tax assessment appeal.

(3)
The office may adopt rules to administer this section.

Note: 90.650 (4) was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 90 or any series therein by legislative action. See Preface
to Oregon Revised Statutes for further explanation.

90.655
Park closure notice to nontenants; report of tenant reactions. (1) A landlord
that gives a notice of termination under ORS 90.645 shall, at the same time,
send one copy of the notice to the Office of Manufactured Dwelling Park
Community Relations by first class mail. The landlord shall, at the same time,
send a copy of the notice, both by first class mail and by certified mail with
return receipt requested, for each affected manufactured dwelling, to any
person:

(a)
That is not a tenant; and

(b)(A)
That the landlord actually knows to be an owner of the manufactured dwelling;
or

(B)
That has a lien recorded in the title or ownership document records for the
manufactured dwelling.

(2)
A landlord that terminates rental agreements for manufactured dwelling park
spaces under ORS 90.645 shall, no later than 60 days after the manufactured
dwelling park or portion of the park closes, report to the office:

(a)
The number of dwelling unit owners who moved their dwelling units out of the
park; and

(b)
The number of dwelling unit owners who abandoned their dwelling units at the
park. [2007 c.906 §3]

90.660
Local regulation of park closures. A local government may not enforce an
ordinance, rule or other local law regulating manufactured dwelling park
closures or partial closures adopted by the local government on or after July
1, 2007, or amended on or after January 1, 2010. An ordinance, rule or other
local law regulating manufactured dwelling park closures or partial closures
may not be applied to reduce the rights provided to a park tenant under ORS
90.645 or 90.655. [2007 c.906 §4; 2009 c.575 §1]

90.671
Closure of marina; notices; payments to tenants; rules. (1) If a marina
or a portion of the marina that includes a marina space is to be closed and the
land or leasehold converted to a different use, and the closure is not required
by the exercise of eminent domain or by order of a federal, state or local agency,
the landlord of the marina may terminate a month-to-month or fixed term rental
agreement for a marina space by giving the tenant:

(a)
Not less than 365 days’ notice in writing before the date designated in the
notice for termination; or

(b)
Not less than 180 days’ notice in writing before the date designated in the
notice for termination, if:

(A)
The landlord finds space acceptable to the tenant to which the tenant can move
the floating home; and

(B)
The landlord pays the cost of moving and set-up expenses or $3,500, whichever
is less.

(2)
The landlord may:

(a)
Provide greater financial incentive to encourage the tenant to accept an
earlier termination date than that provided in subsection (1) of this section;
or

(b)
Contract with the tenant for a mutually acceptable arrangement to assist the
tenant’s move.

(3)
The Housing and Community Services Department shall adopt rules to administer
this section.

(4)(a)
A landlord may not increase the rent for a dwelling unit for the purpose of
offsetting the payments required under this section.

(b)
A landlord may not increase the rent for a dwelling unit after giving a notice
of termination under this section to the tenant.

(5)
Nothing in subsection (1) of this section shall prevent a landlord from relocating
a floating home to another comparable space in the same marina, or in another
marina owned by the same owner in the same city, if the landlord desires or is
required to make repairs, to remodel or to modify the tenant’s original space.

(6)
This section does not limit a landlord’s right to terminate a tenancy for
nonpayment of rent under ORS 90.394 or for other cause under ORS 90.380 (5)(b),
90.396, 90.398 or 90.632 by complying with ORS 105.105 to 105.168.

(7)
If a landlord is required to close a marina by the exercise of eminent domain
or by order of a federal, state or local agency, the landlord shall notify the
marina tenants no later than 15 days after the landlord receives notice of the
exercise of eminent domain or of the agency order. The notice to the tenants
shall be in writing, designate the date of closure, state the reason for the
closure and describe any government relocation benefits known by the landlord
to be available to the tenants. [2007 c.906 §25]

Note: 90.671 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 90 or any series therein by legislative action. See Preface
to Oregon Revised Statutes for further explanation.

(Ownership
Change)

90.675
Disposition of manufactured dwelling or floating home left in facility; notice;
sale; limitation on landlord liability; tax cancellation; storage agreements;
hazardous property.
(1) As used in this section:

(a)
“Current market value” means the amount in cash, as determined by the county assessor,
that could reasonably be expected to be paid for personal property by an
informed buyer to an informed seller, each acting without compulsion in an arm’s-length
transaction occurring on the assessment date for the tax year or on the date of
a subsequent reappraisal by the county assessor.

(b)
“Dispose of the personal property” means that, if reasonably appropriate, the
landlord may throw away the property or may give it without consideration to a
nonprofit organization or to a person unrelated to the landlord. The landlord
may not retain the property for personal use or benefit.

(c)
“Lienholder” means any lienholder of abandoned personal property, if the lien
is of record or the lienholder is actually known to the landlord.

(d)
“Of record” means:

(A)
For a manufactured dwelling, that a security interest has been properly
recorded in the records of the Department of Consumer and Business Services
pursuant to ORS 446.611 or on a certificate of title issued by the Department
of Transportation prior to May 1, 2005.

(B)
For a floating home, that a security interest has been properly recorded with
the State Marine Board pursuant to ORS 830.740 to 830.755 for a home registered
and titled with the board pursuant to ORS 830.715.

(e)
“Personal property” means only a manufactured dwelling or floating home located
in a facility and subject to ORS 90.505 to 90.840. “Personal property” does not
include goods left inside a manufactured dwelling or floating home or left upon
a rented space and subject to disposition under ORS 90.425.

(2)
A landlord is responsible for abandoned personal property and shall store, sell
or dispose of abandoned personal property as provided by this section. This
section governs the rights and obligations of landlords, tenants and any
lienholders in any personal property abandoned or left upon the premises by the
tenant or any lienholder in the following circumstances:

(a)
The tenancy has ended by termination or expiration of a rental agreement or by
relinquishment or abandonment of the premises and the landlord reasonably
believes under all the circumstances that the tenant has left the personal
property upon the premises with no intention of asserting any further claim to
the premises or to the personal property;

(b)
The tenant has been absent from the premises continuously for seven days after
termination of a tenancy by a court order that has not been executed; or

(c)
The landlord receives possession of the premises from the sheriff following
restitution pursuant to ORS 105.161.

(3)
Prior to storing, selling or disposing of the tenant’s personal property under
this section, the landlord must give a written notice to the tenant that must
be:

(a)
Personally delivered to the tenant; or

(b)
Sent by first class mail addressed and mailed to the tenant at:

(A)
The premises;

(B)
Any post-office box held by the tenant and actually known to the landlord; and

(C)
The most recent forwarding address if provided by the tenant or actually known
to the landlord.

(4)(a)
A landlord shall also give a copy of the notice described in subsection (3) of
this section to:

(A)
Any lienholder of the personal property;

(B)
The tax collector of the county where the personal property is located; and

(C)
The assessor of the county where the personal property is located.

(b)
The landlord shall give the notice copy required by this subsection by personal
delivery or first class mail, except that for any lienholder, mail service must
be both by first class mail and by certified mail with return receipt requested.

(c)
A notice to lienholders under paragraph (a)(A) of this subsection must be sent
to each lienholder at each address:

(A)
Actually known to the landlord;

(B)
Of record; and

(C)
Provided to the landlord by the lienholder in a written notice that identifies
the personal property subject to the lien and that was sent to the landlord by
certified mail with return receipt requested within the preceding five years.
The notice must identify the personal property by describing the physical
address of the property.

(5)
The notice required under subsection (3) of this section must state that:

(a)
The personal property left upon the premises is considered abandoned;

(b)
The tenant or any lienholder must contact the landlord by a specified date, as
provided in subsection (6) of this section, to arrange for the removal of the
abandoned personal property;

(c)
The personal property is stored on the rented space;

(d)
The tenant or any lienholder, except as provided by subsection (18) of this
section, may arrange for removal of the personal property by contacting the
landlord at a described telephone number or address on or before the specified
date;

(e)
The landlord shall make the personal property available for removal by the
tenant or any lienholder, except as provided by subsection (18) of this
section, by appointment at reasonable times;

(f)
If the personal property is considered to be abandoned pursuant to subsection
(2)(a) or (b) of this section, the landlord may require payment of storage
charges, as provided by subsection (7)(b) of this section, prior to releasing
the personal property to the tenant or any lienholder;

(g)
If the personal property is considered to be abandoned pursuant to subsection
(2)(c) of this section, the landlord may not require payment of storage charges
prior to releasing the personal property;

(h)
If the tenant or any lienholder fails to contact the landlord by the specified
date or fails to remove the personal property within 30 days after that
contact, the landlord may sell or dispose of the personal property. If the
landlord reasonably believes the county assessor will determine that the
current market value of the personal property is $8,000 or less, and the
landlord intends to dispose of the property if the property is not claimed, the
notice shall state that belief and intent; and

(i)
If applicable, there is a lienholder that has a right to claim the personal
property, except as provided by subsection (18) of this section.

(6)
For purposes of subsection (5) of this section, the specified date by which a
tenant or lienholder must contact a landlord to arrange for the disposition of
abandoned personal property must be not less than 45 days after personal
delivery or mailing of the notice.

(7)
After notifying the tenant as required by subsection (3) of this section, the
landlord:

(a)
Shall store the abandoned personal property of the tenant on the rented space
and shall exercise reasonable care for the personal property; and

(b)
Is entitled to reasonable or actual storage charges and costs incidental to
storage or disposal. The storage charge may be no greater than the monthly
space rent last payable by the tenant.

(8)
If a tenant or lienholder, upon the receipt of the notice provided by
subsection (3) or (4) of this section or otherwise, responds by actual notice
to the landlord on or before the specified date in the landlord’s notice that
the tenant or lienholder intends to remove the personal property from the
premises, the landlord must make that personal property available for removal
by the tenant or lienholder by appointment at reasonable times during the 30
days following the date of the response, subject to subsection (18) of this
section. If the personal property is considered to be abandoned pursuant to subsection
(2)(a) or (b) of this section, but not pursuant to subsection (2)(c) of this
section, the landlord may require payment of storage charges, as provided in
subsection (7)(b) of this section, prior to allowing the tenant or lienholder
to remove the personal property. Acceptance by a landlord of such payment does
not operate to create or reinstate a tenancy or create a waiver pursuant to ORS
90.412 or 90.417.

(9)
Except as provided in subsections (18) to (20) of this section, if the tenant
or lienholder does not respond within the time provided by the landlord’s
notice, or the tenant or lienholder does not remove the personal property
within 30 days after responding to the landlord or by any date agreed to with
the landlord, whichever is later, the personal property is conclusively
presumed to be abandoned. The tenant and any lienholder that have been given
notice pursuant to subsection (3) or (4) of this section shall, except with
regard to the distribution of sale proceeds pursuant to subsection (13) of this
section, have no further right, title or interest to the personal property and
may not claim or sell the property.

(10)
If the personal property is presumed to be abandoned under subsection (9) of
this section, the landlord then may:

(a)
Sell the personal property at a public or private sale, provided that prior to
the sale:

(A)
The landlord may seek to transfer ownership of record of the personal property
by complying with the requirements of the appropriate state agency; and

(B)
The landlord shall:

(i)
Place a notice in a newspaper of general circulation in the county in which the
personal property is located. The notice shall state:

(I)
That the personal property is abandoned;

(II)
The tenant’s name;

(III)
The address and any space number where the personal property is located, and
any plate, registration or other identification number for a floating home
noted on the title, if actually known to the landlord;

(IV)
Whether the sale is by private bidding or public auction;

(V)
Whether the landlord is accepting sealed bids and, if so, the last date on
which bids will be accepted; and

(VI)
The name and telephone number of the person to contact to inspect the personal
property;

(ii)
At a reasonable time prior to the sale, give a copy of the notice required by
sub-subparagraph (i) of this subparagraph to the tenant and to any lienholder,
by personal delivery or first class mail, except that for any lienholder, mail
service must be by first class mail with certificate of mailing;

(iii)
Obtain an affidavit of publication from the newspaper to show that the notice
required under sub-subparagraph (i) of this subparagraph ran in the newspaper
at least one day in each of two consecutive weeks prior to the date scheduled
for the sale or the last date bids will be accepted; and

(iv)
Obtain written proof from the county that all property taxes and assessments on
the personal property have been paid or, if not paid, that the county has
authorized the sale, with the sale proceeds to be distributed pursuant to
subsection (13) of this section; or

(b)
Destroy or otherwise dispose of the personal property if the landlord
determines from the county assessor that the current market value of the
property is $8,000 or less.

(11)(a)
A public or private sale authorized by this section must be conducted
consistent with the terms listed in subsection (10)(a)(B)(i) of this section.
Every aspect of the sale including the method, manner, time, place and terms
must be commercially reasonable.

(b)
If there is no buyer at a sale described under paragraph (a) of this
subsection, the personal property is considered to be worth $8,000 or less,
regardless of current market value, and the landlord shall destroy or otherwise
dispose of the personal property.

(12)
Notwithstanding ORS 446.155 (1) and (2), unless a landlord intentionally
misrepresents the condition of personal property, the landlord is not liable
for the condition of the personal property to:

(a)
A buyer of the personal property at a sale pursuant to subsection (10)(a) of
this section, with or without consideration; or

(b)
A person or nonprofit organization to whom the landlord gives the personal
property pursuant to subsection (1)(b), (10)(b) or (11)(b) of this section.

(13)(a)
The landlord may deduct from the proceeds of the sale:

(A)
The reasonable or actual cost of notice, storage and sale; and

(B)
Unpaid rent.

(b)
After deducting the amounts listed in paragraph (a) of this subsection, the
landlord shall remit the remaining proceeds, if any, to the county tax collector
to the extent of any unpaid property taxes and assessments owed on the dwelling
or home.

(c)
After deducting the amounts listed in paragraphs (a) and (b) of this
subsection, if applicable, the landlord shall remit the remaining proceeds, if
any, to any lienholder to the extent of any unpaid balance owed on the lien on
the personal property.

(d)
After deducting the amounts listed in paragraphs (a), (b) and (c) of this
subsection, if applicable, the landlord shall remit to the tenant the remaining
proceeds, if any, together with an itemized accounting.

(e)
If the tenant cannot after due diligence be found, the landlord shall deposit
the remaining proceeds with the county treasurer of the county in which the
sale occurred. If not claimed within three years, the deposited proceeds revert
to the general fund of the county and are available for general purposes.

(14)
The county tax collector shall cancel all unpaid property taxes and assessments
as provided under ORS 311.790 only under one of the following circumstances:

(a)
The landlord disposes of the personal property after a determination described
in subsection (10)(b) of this section.

(b)
There is no buyer of the personal property at a sale described under subsection
(11) of this section.

(c)(A)
There is a buyer of the personal property at a sale described under subsection
(11) of this section;

(B)
The current market value of the personal property is $8,000 or less; and

(C)
The proceeds of the sale are insufficient to satisfy the unpaid property taxes
and assessments owed on the personal property after distribution of the
proceeds pursuant to subsection (13) of this section.

(d)(A)
The landlord buys the personal property at a sale described under subsection
(11) of this section;

(B)
The current market value of the personal property is more than $8,000;

(C)
The proceeds of the sale are insufficient to satisfy the unpaid property taxes
and assessments owed on the personal property after distribution of the
proceeds pursuant to subsection (13) of this section; and

(D)
The landlord disposes of the personal property.

(15)
The landlord is not responsible for any loss to the tenant or lienholder
resulting from storage of personal property in compliance with this section
unless the loss was caused by the landlord’s deliberate or negligent act. In
the event of a deliberate and malicious violation, the landlord is liable for
twice the actual damages sustained by the tenant or lienholder.

(16)
Complete compliance in good faith with this section shall constitute a complete
defense in any action brought by a tenant or lienholder against a landlord for
loss or damage to such personal property disposed of pursuant to this section.

(17)
If a landlord does not comply with this section:

(a)
The tenant is relieved of any liability for damage to the premises caused by
conduct that was not deliberate, intentional or grossly negligent and for
unpaid rent and may recover from the landlord up to twice the actual damages
sustained by the tenant;

(b)
A lienholder aggrieved by the noncompliance may recover from the landlord the
actual damages sustained by the lienholder. ORS 90.255 does not authorize an
award of attorney fees to the prevailing party in any action arising under this
paragraph; and

(c)
A county tax collector aggrieved by the noncompliance may recover from the
landlord the actual damages sustained by the tax collector, if the
noncompliance is part of an effort by the landlord to defraud the tax
collector. ORS 90.255 does not authorize an award of attorney fees to the
prevailing party in any action arising under this paragraph.

(18)
The provisions of this section regarding the rights and responsibilities of a
tenant to the abandoned personal property also apply to any lienholder, except
that the lienholder may not sell or remove the dwelling or home unless:

(a)
The lienholder has foreclosed the lien on the manufactured dwelling or floating
home;

(b)
The tenant or a personal representative or designated person described in
subsection (20) of this section has waived all rights under this section
pursuant to subsection (22) of this section; or

(c)
The notice and response periods provided by subsections (6) and (8) of this
section have expired.

(19)(a)
Except as provided by subsection (20)(d) and (e) of this section, if a
lienholder makes a timely response to a notice of abandoned personal property
pursuant to subsections (6) and (8) of this section and so requests, a landlord
shall enter into a written storage agreement with the lienholder providing that
the personal property may not be sold or disposed of by the landlord for up to
12 months. A storage agreement entitles the lienholder to store the personal
property on the previously rented space during the term of the agreement, but
does not entitle anyone to occupy the personal property.

(b)
The lienholder’s right to a storage agreement arises upon the failure of the
tenant or, in the case of a deceased tenant, the personal representative,
designated person, heir or devisee to remove or sell the dwelling or home
within the allotted time.

(c)
To exercise the right to a storage agreement under this subsection, in addition
to contacting the landlord with a timely response as described in paragraph (a)
of this subsection, the lienholder must enter into the proposed storage
agreement within 60 days after the landlord gives a copy of the agreement to
the lienholder. The landlord shall give a copy of the proposed storage
agreement to the lienholder in the same manner as provided by subsection (4)(b)
of this section. The landlord may include a copy of the proposed storage
agreement with the notice of abandoned property required by subsection (4) of
this section. A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering or mailing the
signed copy to the landlord within the 60-day period.

(d)
The storage agreement may require, in addition to other provisions agreed to by
the landlord and the lienholder, that:

(A)
The lienholder make timely periodic payment of all storage charges, as
described in subsection (7)(b) of this section, accruing from the commencement
of the 45-day period described in subsection (6) of this section. A storage
charge may include a utility or service charge, as described in ORS 90.532, if
limited to charges for electricity, water, sewer service and natural gas and if
incidental to the storage of personal property. A storage charge may not be due
more frequently than monthly;

(B)
The lienholder pay a late charge or fee for failure to pay a storage charge by
the date required in the agreement, if the amount of the late charge is no
greater than for late charges imposed on facility tenants;

(C)
The lienholder maintain the personal property and the space on which the
personal property is stored in a manner consistent with the rights and
obligations described in the rental agreement that the landlord currently
provides to tenants as required by ORS 90.510 (4); and

(D)
The lienholder repair any defects in the physical condition of the personal
property that existed prior to the lienholder entering into the storage
agreement, if the defects and necessary repairs are reasonably described in the
storage agreement and, for homes that were first placed on the space within the
previous 24 months, the repairs are reasonably consistent with facility
standards in effect at the time of placement. The lienholder shall have 90 days
after entering into the storage agreement to make the repairs. Failure to make
the repairs within the allotted time constitutes a violation of the storage
agreement and the landlord may terminate the agreement by giving at least 14
days’ written notice to the lienholder stating facts sufficient to notify the
lienholder of the reason for termination. Unless the lienholder corrects the
violation within the notice period, the agreement terminates as provided and
the landlord may sell or dispose of the property without further notice to the
lienholder.

(e)
Notwithstanding subsection (7)(b) of this section, a landlord may increase the
storage charge if the increase is part of a facility-wide rent increase for all
facility tenants, the increase is no greater than the increase for other
tenants and the landlord gives the lienholder written notice consistent with
the requirements of ORS 90.600 (1).

(f)
During the term of an agreement described under this subsection, the lienholder
has the right to remove or sell the property, subject to the provisions of the
lien. Selling the property includes a sale to a purchaser who wishes to leave
the property on the rented space and become a tenant, subject to the provisions
of ORS 90.680. The landlord may condition approval for occupancy of any
purchaser of the property upon payment of all unpaid storage charges and
maintenance costs.

(g)(A)
Except as provided in paragraph (d)(D) of this subsection, if the lienholder
violates the storage agreement, the landlord may terminate the agreement by
giving at least 90 days’ written notice to the lienholder stating facts
sufficient to notify the lienholder of the reason for the termination. Unless
the lienholder corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of the property
without further notice to the lienholder.

(B)
After a landlord gives a termination notice pursuant to subparagraph (A) of
this paragraph for failure of the lienholder to pay a storage charge and the
lienholder corrects the violation, if the lienholder again violates the storage
agreement by failing to pay a subsequent storage charge, the landlord may
terminate the agreement by giving at least 30 days’ written notice to the
lienholder stating facts sufficient to notify the lienholder of the reason for
termination. Unless the lienholder corrects the violation within the notice
period, the agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.

(C)
A lienholder may terminate a storage agreement at any time upon at least 14
days’ written notice to the landlord and may remove the property from the
facility if the lienholder has paid all storage charges and other charges as
provided in the agreement.

(h)
Upon the failure of a lienholder to enter into a storage agreement as provided
by this subsection or upon termination of an agreement, unless the parties
otherwise agree or the lienholder has sold or removed the property, the
landlord may sell or dispose of the property pursuant to this section without
further notice to the lienholder.

(20)
If the personal property is considered abandoned as a result of the death of a
tenant who was the only tenant, this section applies, except as follows:

(a)
The provisions of this section regarding the rights and responsibilities of a
tenant to the abandoned personal property shall apply to any personal
representative named in a will or appointed by a court to act for the deceased
tenant or any person designated in writing by the tenant to be contacted by the
landlord in the event of the tenant’s death.

(b)
The notice required by subsection (3) of this section must be:

(A)
Sent by first class mail to the deceased tenant at the premises; and

(B)
Personally delivered or sent by first class mail to any personal representative
or designated person if actually known to the landlord.

(c)
The notice described in subsection (5) of this section must refer to any
personal representative or designated person, instead of the deceased tenant,
and must incorporate the provisions of this subsection.

(d)
If a personal representative, designated person or other person entitled to
possession of the property, such as an heir or devisee, responds by actual
notice to a landlord within the 45-day period provided by subsection (6) of
this section and so requests, the landlord shall enter into a written storage
agreement with the representative or person providing that the personal
property may not be sold or disposed of by the landlord for up to 90 days or
until conclusion of any probate proceedings, whichever is later. A storage
agreement entitles the representative or person to store the personal property
on the previously rented space during the term of the agreement, but does not
entitle anyone to occupy the personal property. If such an agreement is
entered, the landlord may not enter a similar agreement with a lienholder
pursuant to subsection (19) of this section until the agreement with the
personal representative or designated person ends.

(e)
If a personal representative or other person requests that a landlord enter
into a storage agreement, subsection (19)(c) to (e) and (g)(C) of this section
applies, with the representative or person having the rights and
responsibilities of a lienholder with regard to the storage agreement.

(f)
During the term of an agreement described under paragraph (d) of this
subsection, the representative or person has the right to remove or sell the
property, including a sale to a purchaser or a transfer to an heir or devisee
where the purchaser, heir or devisee wishes to leave the property on the rented
space and become a tenant, subject to the provisions of ORS 90.680. The
landlord also may condition approval for occupancy of any purchaser, heir or
devisee of the property upon payment of all unpaid storage charges and
maintenance costs.

(g)
If the representative or person violates the storage agreement, the landlord
may terminate the agreement by giving at least 30 days’ written notice to the
representative or person stating facts sufficient to notify the representative
or person of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of the property
without further notice to the representative or person.

(h)
Upon the failure of a representative or person to enter into a storage
agreement as provided by this subsection or upon termination of an agreement,
unless the parties otherwise agree or the representative or person has sold or
removed the property, the landlord may sell or dispose of the property pursuant
to this section without further notice to the representative or person.

(21)
If a governmental agency determines that the condition of personal property
abandoned under this section constitutes an extreme health or safety hazard
under state or local law and the agency determines that the hazard endangers
others in the facility and requires quick removal of the property, the landlord
may sell or dispose of the property pursuant to this subsection. The landlord
shall comply with all provisions of this section, except as follows:

(a)
The date provided in subsection (6) of this section by which a tenant,
lienholder, personal representative or designated person must contact a
landlord to arrange for the disposition of the property must be not less than
15 days after personal delivery or mailing of the notice required by subsection
(3) of this section.

(b)
The date provided in subsections (8) and (9) of this section by which a tenant,
lienholder, personal representative or designated person must remove the
property must be not less than seven days after the tenant, lienholder,
personal representative or designated person contacts the landlord.

(c)
The notice required by subsection (3) of this section must be as provided in
subsection (5) of this section, except that:

(A)
The dates and deadlines in the notice for contacting the landlord and removing
the property must be consistent with this subsection;

(B)
The notice must state that a governmental agency has determined that the
property constitutes an extreme health or safety hazard and must be removed
quickly; and

(C)
The landlord shall attach a copy of the agency’s determination to the notice.

(d)
If the tenant, a lienholder or a personal representative or designated person
does not remove the property within the time allowed, the landlord or a buyer
at a sale by the landlord under subsection (11) of this section shall promptly
remove the property from the facility.

(e)
A landlord is not required to enter into a storage agreement with a lienholder,
personal representative or designated person pursuant to subsection (19) of
this section.

(22)(a)
A landlord may sell or dispose of a tenant’s abandoned personal property
without complying with the provisions of this section if, after termination of
the tenancy or no more than seven days prior to the termination of the tenancy,
the following parties so agree in a writing entered into in good faith:

(A)
The landlord;

(B)
The tenant, or for an abandonment as the result of the death of a tenant who
was the only tenant, the personal representative, designated person or other
person entitled to possession of the personal property, such as an heir or
devisee, as described in subsection (20) of this section; and

(C)
Any lienholder.

(b)
A landlord may not, as part of a rental agreement, as a condition to approving
a sale of property on rented space under ORS 90.680 or in any other manner,
require a tenant, a personal representative, a designated person or any lienholder
to waive any right provided by this section.

90.680
Sale of dwelling or home on rented space; duties and rights of seller,
prospective purchaser and landlord. (1) A landlord may not deny any
manufactured dwelling or floating home space tenant the right to sell a
manufactured dwelling or floating home on a rented space or require the tenant
to remove the dwelling or home from the space solely on the basis of the sale.

(2)
The landlord may not exact a commission or fee for the sale of a manufactured
dwelling or floating home on a rented space unless the landlord has acted as
agent for the seller pursuant to written contract.

(3)
The landlord may not deny the tenant the right to place a “for sale” sign on or
in a manufactured dwelling or floating home owned by the tenant. The size,
placement and character of such signs shall be subject to reasonable rules of
the landlord.

(4)
If the prospective purchaser of a manufactured dwelling or floating home
desires to leave the dwelling or home on the rented space and become a tenant,
the landlord may require in the rental agreement:

(a)
Except when a termination or abandonment occurs, that a tenant give not more
than 10 days’ notice in writing prior to the sale of the dwelling or home on a
rented space;

(b)
That prior to the sale, the prospective purchaser submit to the landlord a
complete and accurate written application for occupancy of the dwelling or home
as a tenant after the sale is finalized and that a prospective purchaser may
not occupy the dwelling or home until after the prospective purchaser is
accepted by the landlord as a tenant;

(c)
That a tenant give notice to any lienholder, prospective purchaser or person
licensed to sell dwellings or homes of the requirements of paragraphs (b) and
(d) of this subsection, the location of all properly functioning smoke alarms
and any other rules and regulations of the facility such as those described in
ORS 90.510 (5)(b), (f), (g), (i) and (j); and

(d)
If the sale is not by a lienholder, that the prospective purchaser pay in full
all rents, fees, deposits or charges owed by the tenant as authorized under ORS
90.140 and the rental agreement, prior to the landlord’s acceptance of the
prospective purchaser as a tenant.

(5)
If a landlord requires a prospective purchaser to submit an application for
occupancy as a tenant under subsection (4) of this section, at the time that
the landlord gives the prospective purchaser an application the landlord shall
also give the prospective purchaser copies of the statement of policy, the
rental agreement and the facility rules and regulations, including any
conditions imposed on a subsequent sale, all as provided by ORS 90.510. The
terms of the statement, rental agreement and rules and regulations need not be
the same as those in the selling tenant’s statement, rental agreement and rules
and regulations.

(6)
The following apply if a landlord receives an application for tenancy from a
prospective purchaser under subsection (4) of this section:

(a)
The landlord shall accept or reject the prospective purchaser’s application
within seven days following the day the landlord receives a complete and accurate
written application. An application is not complete until the prospective
purchaser pays any required applicant screening charge and provides the
landlord with all information and documentation, including any financial data
and references, required by the landlord pursuant to ORS 90.510 (5)(i). The
landlord and the prospective purchaser may agree to a longer time period for
the landlord to evaluate the prospective purchaser’s application or to allow
the prospective purchaser to address any failure to meet the landlord’s
screening or admission criteria. If a tenant has not previously given the
landlord the 10 days’ notice required under subsection (4)(a) of this section,
the period provided for the landlord to accept or reject a complete and
accurate written application is extended to 10 days.

(b)
The landlord may not unreasonably reject a prospective purchaser as a tenant.
Reasonable cause for rejection includes, but is not limited to, failure of the
prospective purchaser to meet the landlord’s conditions for approval as
provided in ORS 90.510 (5)(i) or failure of the prospective purchaser’s
references to respond to the landlord’s timely request for verification within
the time allowed for acceptance or rejection under paragraph (a) of this
subsection. Except as provided in paragraph (c) of this subsection, the
landlord shall furnish to the seller and purchaser a written statement of the
reasons for the rejection.

(c)
If a rejection under paragraph (b) of this subsection is based upon a consumer
report, as defined in 15 U.S.C. 1681a for purposes of the federal Fair Credit
Reporting Act, the landlord may not disclose the contents of the report to
anyone other than the purchaser. The landlord shall disclose to the seller in
writing that the rejection is based upon information contained within a
consumer report and that the landlord may not disclose the information within
the report.

(7)
The following apply if a landlord does not require a prospective purchaser to
submit an application for occupancy as a tenant under subsection (4) of this
section or if the landlord does not accept or reject the prospective purchaser
as a tenant within the time required under subsection (6) of this section:

(a)
The landlord waives any right to bring an action against the tenant under the
rental agreement for breach of the landlord’s right to establish conditions
upon and approve a prospective purchaser of the tenant’s dwelling or home;

(b)
The prospective purchaser, upon completion of the sale, may occupy the dwelling
or home as a tenant under the same conditions and terms as the tenant who sold
the dwelling or home; and

(c)
If the prospective purchaser becomes a new tenant, the landlord may impose
conditions or terms on the tenancy that are inconsistent with the terms and
conditions of the seller’s rental agreement only if the new tenant agrees in
writing.

(8)
A landlord may not, because of the age, size, style or original construction
material of the dwelling or home or because the dwelling or home was built
prior to adoption of the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5403), in compliance with the standards of
that Act in effect at that time or in compliance with the state building code
as defined in ORS 455.010:

(a)
Reject an application for tenancy from a prospective purchaser of an existing
dwelling or home on a rented space within a facility; or

(b)
Require a prospective purchaser of an existing dwelling or home on a rented
space within a facility to remove the dwelling or home from the rented space.

(9)
A tenant who has received a notice pursuant to ORS 90.632 may sell the tenant’s
dwelling or home in compliance with this section during the notice period. The
tenant shall provide a prospective purchaser with a copy of any outstanding
notice given pursuant to ORS 90.632 prior to a sale. The landlord may also give
any prospective purchaser a copy of any such notice. The landlord may require
as a condition of tenancy that a prospective purchaser who desires to leave the
dwelling or home on the rented space and become a tenant must comply with the
notice within the notice period consistent with ORS 90.632. If the tenancy has
been terminated pursuant to ORS 90.632, or the notice period provided in ORS
90.632 has expired without a correction of cause or extension of time to
correct, a prospective purchaser does not have a right to leave the dwelling or
home on the rented space and become a tenant.

(10)
Except as provided by subsection (9) of this section, after a tenancy has ended
and during the period provided by ORS 90.675 (6) and (8), a former tenant
retains the right to sell the tenant’s dwelling or home to a purchaser who
wishes to leave the dwelling or home on the rented space and become a tenant as
provided by this section, if the former tenant makes timely periodic payment of
all storage charges as provided by ORS 90.675 (7)(b), maintains the dwelling or
home and the rented space on which it is stored and enters the premises only
with the written permission of the landlord. Payment of the storage charges or
maintenance of the dwelling or home and the space does not create or reinstate
a tenancy or create a waiver pursuant to ORS 90.412 or 90.417. A former tenant
may not enter the premises without the written permission of the landlord,
including entry to maintain the dwelling or home or the space or to facilitate
a sale. [Formerly 91.890; 1991 c.844 §14; 1993 c.580 §6; 1997 c.577 §27c; 1999
c.676 §25; 1999 c.820 §2; 2003 c.658 §9; 2005 c.22 §68; 2007 c.906 §35; 2013 c.443
§13]

90.710
Causes of action; limit on cause of action of tenant; attorney fees. (1) Any person
aggrieved by a violation of ORS 90.525, 90.630, 90.680 or 90.765 shall have a
cause of action against the violator thereof for any damages sustained as a
result of the violation or $200, whichever is greater.

(2)(a)
Except as provided in paragraphs (b) and (c) of this subsection, a tenant shall
have a cause of action against the landlord for a violation of ORS 90.510 (4)
for any damages sustained as a result of such violation, or $100, whichever is
greater.

(b)
However, the tenant shall have no cause of action if, within 10 days after the
tenant requests a written agreement from the landlord, the landlord offers to
enter into a written agreement which does not substantially alter the terms of
the oral agreement made when the tenant rented the space and which complies
with this chapter.

(c)
If, within 10 days after being served with a complaint alleging a violation of
ORS 90.510, the landlord offers to enter into a written rental agreement with
each of the other tenants of the landlord which does not substantially alter
the terms of the oral agreement made when each tenant rented the space and
which complies with this chapter, then the landlord shall not be subject to any
further liability to such other tenants for previous violations of ORS 90.510.

(d)
Notwithstanding ORS 41.580 (1), if a landlord and a tenant mutually agree on
the terms of an oral agreement for renting residential property, but the tenant
refuses to sign a written memorandum of that agreement after it has been
reduced to writing by the landlord and offered to the tenant for the tenant’s
signature, the oral agreement shall be enforceable notwithstanding the tenant’s
refusal to sign.

(e)
A purchaser shall have a cause of action against a seller for damages sustained
or $100, whichever is greater, who sells the tenant’s manufactured dwelling or
floating home to the purchaser before the landlord has accepted the purchaser
as a tenant if:

(A)
The landlord rejects the purchaser as a tenant; and

(B)
The seller knew the purchaser intended to leave the manufactured dwelling or
floating home on the space.

90.720
Action to enjoin violation of ORS 90.750 or 90.755. In addition to
the tenant’s cause of action under ORS 90.710, any tenant prevented from
exercising the rights in ORS 90.750 or 90.755 may bring an action in the
appropriate court having jurisdiction in the county in which the alleged
infringement occurred, and upon favorable adjudication, the court shall enjoin
the enforcement of any provision contained in any bylaw, rental agreement,
regulation or rule, pertaining to a facility, which operates to deprive the
tenant of these rights. [Formerly 91.930]

(Landlord
Rights and Obligations)

90.725
Landlord or agent access to rented space; remedies. (1) As used in
this section:

(f)
Exhibit the space to prospective or actual purchasers of the facility,
mortgagees, tenants, workers or contractors.

(3)
The right of access of the landlord or landlord’s agent is limited as follows:

(a)
A landlord or landlord’s agent may enter upon the rented space without consent
of the tenant and without notice to the tenant for the purpose of serving
notices required or permitted under this chapter, the rental agreement or any
provision of applicable law.

(b)
In case of an emergency, a landlord or landlord’s agent may enter the rented
space without consent of the tenant, without notice to the tenant and at any
time. If a landlord or landlord’s agent makes an emergency entry in the tenant’s
absence, the landlord shall give the tenant actual notice within 24 hours after
the entry, and the notice shall include the fact of the entry, the date and
time of the entry, the nature of the emergency and the names of the persons who
entered.

(c)
If the tenant requests repairs or maintenance in writing, the landlord or
landlord’s agent, without further notice, may enter upon demand, in the tenant’s
absence or without consent of the tenant, for the purpose of making the
requested repairs until the repairs are completed. The tenant’s written request
may specify allowable times. Otherwise, the entry must be at a reasonable time.
The authorization to enter provided by the tenant’s written request expires
after seven days, unless the repairs are in progress and the landlord or
landlord’s agent is making a reasonable effort to complete the repairs in a
timely manner. If the person entering to do the repairs is not the landlord,
upon request of the tenant, the person must show the tenant written evidence
from the landlord authorizing that person to act for the landlord in making the
repairs.

(d)
If a written agreement requires the landlord to perform yard maintenance,
equipment servicing or grounds keeping for the space:

(A)
A landlord and tenant may agree that the landlord or landlord’s agent may enter
for that purpose upon the space, without notice to the tenant, at reasonable
times and with reasonable frequency. The terms of the right of entry must be
described in the rental agreement or in a separate written agreement.

(B)
A tenant may deny consent for a landlord or landlord’s agent to enter upon the
space pursuant to this paragraph if the entry is at an unreasonable time or
with unreasonable frequency. The tenant must assert the denial by giving actual
notice of the denial to the landlord or landlord’s agent prior to, or at the
time of, the attempted entry.

(e)
In all other cases, unless there is an agreement between the landlord and the
tenant to the contrary regarding a specific entry, the landlord shall give the
tenant at least 24 hours’ actual notice of the intent of the landlord to enter
and the landlord or landlord’s agent may enter only at reasonable times. The
landlord or landlord’s agent may not enter if the tenant, after receiving the
landlord’s notice, denies consent to enter. The tenant must assert this denial
of consent by giving actual notice of the denial to the landlord or the
landlord’s agent prior to, or at the time of, the attempt by the landlord or
landlord’s agent to enter.

(f)
Notwithstanding paragraph (e) of this subsection, a landlord or the landlord’s
agent may enter a rented space solely to inspect a tree despite a denial of
consent by the tenant if the landlord or the landlord’s agent has given at
least 24 hours’ actual notice of the intent to enter to inspect the tree and
the entry occurs at a reasonable time.

(4)
A landlord shall not abuse the right of access or use it to harass the tenant.
A tenant shall not unreasonably withhold consent from the landlord to enter.

(5)
A landlord has no other right of access except:

(a)
Pursuant to court order;

(b)
As permitted by ORS 90.410 (2);

(c)
As permitted under ORS 90.539; or

(d)
When the tenant has abandoned or relinquished the premises.

(6)
If a landlord is required by a governmental agency to enter a rented space, but
the landlord fails to gain entry after a good faith effort in compliance with
this section, the landlord shall not be found in violation of any state statute
or local ordinance due to the failure.

(7)
If a landlord has a report from an arborist licensed as a landscape
construction professional pursuant to ORS 671.560 and certified by the
International Society of Arboriculture that a tree on the rented space is a
hazard tree that must be maintained by the landlord as described in ORS 90.727,
the landlord is not liable for any damage or injury as a result of the hazard
tree if the landlord is unable to gain entry after a good faith effort in
compliance with this section.

(8)
If the tenant refuses to allow lawful access, the landlord may obtain
injunctive relief to compel access or may terminate the rental agreement pursuant
to ORS 90.630 (1) and take possession in the manner provided in ORS 105.105 to
105.168. In addition, the landlord may recover actual damages.

(9)
If the landlord makes an unlawful entry or a lawful entry in an unreasonable
manner or makes repeated demands for entry otherwise lawful but that have the
effect of unreasonably harassing the tenant, the tenant may obtain injunctive
relief to prevent the reoccurrence of the conduct or may terminate the rental
agreement pursuant to ORS 90.620 (1). In addition, the tenant may recover
actual damages not less than an amount equal to one month’s rent. [1999 c.676 §2;
2005 c.619 §23; 2013 c.443 §6]

90.727
Maintenance of trees in rented spaces. (1) As used in this section:

(a)
“Maintaining a tree” means removing or trimming a tree for the purpose of
eliminating features of the tree that cause the tree to be hazardous, or that
may cause the tree to become hazardous in the near future.

(b)
“Removing a tree” includes:

(A)
Felling and removing the tree; and

(B)
Grinding or removing the stump of the tree.

(2)
The landlord or tenant that is responsible for maintaining a tree must engage a
landscape construction professional with a valid license issued pursuant to ORS
671.560 to maintain any tree with a DBH of eight inches or more.

(3)
A landlord:

(a)
Shall maintain a tree that is a hazard tree, that was not planted by the
current tenant, on a rented space in a manufactured dwelling park if the
landlord knows or should know that the tree is a hazard tree.

(b)
May maintain a tree on the rented space to prevent the tree from becoming a
hazard tree, after providing the tenant with reasonable written notice and a
reasonable opportunity to maintain the tree.

(c)
Has discretion to decide whether the appropriate maintenance is removal or
trimming of the hazard tree.

(d)
Is not responsible for maintaining a tree that is not a hazard tree or for
maintaining any tree for aesthetic purposes.

(4)
A landlord shall comply with ORS 90.725 before entering a tenant’s space to
inspect or maintain a tree.

(5)
Except as provided in subsection (3) of this section, a tenant is responsible
for maintaining the trees on the tenant’s space in a manufactured dwelling park
at the tenant’s expense. The tenant may retain an arborist licensed as a
landscape construction professional pursuant to ORS 671.560 and certified by
the International Society of Arboriculture to inspect a tree on the tenant’s
rented space at the tenant’s expense and if the arborist determines that the
tree is a hazard, the tenant may:

(a)
Require the landlord to maintain a tree that is the landlord’s responsibility
under subsection (3) of this section; or

(b)
Maintain the tree at the tenant’s expense, after providing the landlord with
reasonable written notice of the proposed maintenance and a copy of the
arborist’s report.

(6)
If a manufactured dwelling cannot be removed from a space without first
removing or trimming a tree on the space, the owner of the manufactured
dwelling may remove or trim the tree at the dwelling owner’s expense, after
giving reasonable written notice to the landlord, for the purpose of removing
the manufactured dwelling. [2013 c.443 §5]

Note: Section 16,
chapter 443, Oregon Laws 2013, provides:

Sec.
16.
(1) A landlord may unilaterally amend a rental agreement to:

(a)
Comply with requirements in section 5 of this 2013 Act [90.727] and other
provisions in the Residential Landlord and Tenant Act regarding the maintenance
of trees, including hazard trees; and

(b)
Establish the policies regarding trees that are described in the amendments to
ORS 90.510 by section 8 of this 2013 Act.

(2)
A landlord may take action under this section before the operative date of
sections 4 and 5 of this 2013 Act and the amendments to ORS 90.100, 90.412,
90.532, 90.543, 90.555, 90.634, 90.643, 90.680, 90.725, 90.730 and 90.740 by
sections 1 to 3, 6, 7 and 9 to 14 of this 2013 Act [January 1, 2014]. [2013
c.443 §16]

90.730
Landlord duty to maintain rented space, vacant spaces and common areas in
habitable condition.
(1) As used in this section, “facility common areas” means all areas under
control of the landlord and held out for the general use of tenants.

(2)
A landlord who rents a space for a manufactured dwelling or floating home shall
at all times during the tenancy maintain the rented space, vacant spaces in the
facility and the facility common areas in a habitable condition. The landlord
does not have a duty to maintain a dwelling or home. A landlord’s habitability
duty under this section includes only the matters described in subsections (3)
to (6) of this section.

(3)
For purposes of this section, a rented space is considered unhabitable if it
substantially lacks:

(a)
A sewage disposal system and a connection to the space approved under
applicable law at the time of installation and maintained in good working order
to the extent that the sewage disposal system can be controlled by the
landlord;

(b)
If required by applicable law, a drainage system reasonably capable of
disposing of storm water, ground water and subsurface water, approved under
applicable law at the time of installation and maintained in good working
order;

(c)
A water supply and a connection to the space approved under applicable law at
the time of installation and maintained so as to provide safe drinking water
and to be in good working order to the extent that the water supply system can
be controlled by the landlord;

(d)
An electrical supply and a connection to the space approved under applicable
law at the time of installation and maintained in good working order to the
extent that the electrical supply system can be controlled by the landlord;

(e)
At the time of commencement of the rental agreement, buildings, grounds and
appurtenances that are kept in every part safe for normal and reasonably
foreseeable uses, clean, sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin;

(f)
Except as otherwise provided by local ordinance or by written agreement between
the landlord and the tenant, an adequate number of appropriate receptacles for
garbage and rubbish in clean condition and good repair at the time of
commencement of the rental agreement, and for which the landlord shall provide
and maintain appropriate serviceable receptacles thereafter and arrange for
their removal; and

(g)
Completion of any landlord-provided space improvements, including but not
limited to installation of carports, garages, driveways and sidewalks, approved
under applicable law at the time of installation.

(4)
A rented space is considered unhabitable if the landlord does not maintain a
hazard tree as required by ORS 90.727.

(5)
A vacant space in a facility is considered unhabitable if the space
substantially lacks safety from the hazards of fire or injury.

(6)
A facility common area is considered unhabitable if it substantially lacks:

(a)
Buildings, grounds and appurtenances that are kept in every part safe for
normal and reasonably foreseeable uses, clean, sanitary and free from all
accumulations of debris, filth, rubbish, garbage, rodents and vermin;

(b)
Safety from the hazards of fire;

(c)
Trees, shrubbery and grass maintained in a safe manner; and

(d)
If supplied or required to be supplied by the landlord to a common area, a
water supply system, sewage disposal system or system for disposing of storm
water, ground water and subsurface water approved under applicable law at the
time of installation and maintained in good working order to the extent that
the system can be controlled by the landlord.

(7)
The landlord and tenant may agree in writing that the tenant is to perform
specified repairs, maintenance tasks and minor remodeling only if:

(a)
The agreement of the parties is entered into in good faith and not for the
purpose of evading the obligations of the landlord;

(b)
The agreement does not diminish the obligations of the landlord to other
tenants on the premises; and

90.732
Landlord registration; registration fee. (1) Every landlord of a manufactured
dwelling park shall register annually in writing with the Housing and Community
Services Department. The department shall charge the landlord a registration fee
of $25. The landlord shall file a registration and pay a registration fee for
each park owned or managed by the landlord. The registration shall consist of
the following information:

(a)
The name and business mailing address of the landlord and of any person
authorized to manage the premises of the park.

(b)
The name of the park.

(c)
The physical address of the park or, if different from the physical address,
the mailing address.

(d)
A telephone number of the park.

(e)
The total number of spaces in the park.

(2)
The landlord of a new manufactured dwelling park shall register with the
department no later than 60 days after the opening of the park.

(3)
The department shall send a written reminder notice to each landlord that holds
a current registration under this section before the due date for the landlord
to file a new registration. The department shall confirm receipt of a
registration.

(4)
Notwithstanding subsections (1) to (3) of this section, the department may
provide for registration and confirmation of registration to be accomplished by
electronic means instead of in writing.

(5)
Moneys from registration fees described in subsection (1) of this section shall
be deposited in the Mobile Home Parks Account. Notwithstanding ORS 446.533,
moneys deposited in the account under this section are continuously
appropriated to the department for the purpose of implementing and
administering the duties of the department under this section and ORS 90.734
and 90.738. [2005 c.619 §2; 2007 c.906 §38; 2009 c.816 §10]

90.734
Manager or owner continuing education requirements. (1) At least
one person for each manufactured dwelling park who has authority to manage the
premises of the park shall, every two years, complete four hours of continuing
education relating to the management of manufactured dwelling parks. The
following apply for a person whose continuing education is required:

(a)
If there is any manager or owner who lives in the park, the person completing
the continuing education must be a manager or owner who lives in the park.

(b)
If no manager or owner lives in the park, the person completing the continuing
education must be a manager who lives outside the park or, if there is no
manager, an owner of the park.

(c)
A manager or owner may satisfy the continuing education requirement for more
than one park that does not have a manager or owner who lives in the park.

(2)
If a person becomes the manufactured dwelling park manager or owner who is
responsible for completing continuing education, and the person does not have a
current certificate of completion issued under subsection (3) of this section,
the person shall complete the continuing education requirement by taking the
next regularly scheduled continuing education class or by taking a continuing
education class held within 75 days.

(3)
The Housing and Community Services Department shall ensure that continuing
education classes:

(a)
Are offered at least once every six months;

(b)
Are offered by a statewide nonprofit trade association in Oregon representing
manufactured housing interests and approved by the department;

(c)
Have at least one-half of the class instruction on one or more provisions of
ORS chapter 90, ORS 105.105 to 105.168, fair housing law or other law relating
to landlords and tenants;

(d)
Provide a certificate of completion to all attendees; and

(e)
Provide the department with the following information:

(A)
The name of each person who attends a class;

(B)
The name of the attendee’s manufactured dwelling park;

(C)
The city or county in which the attendee’s park is located;

(D)
The date of the class; and

(E)
The names of the persons who taught the class.

(4)
The department, a trade association or instructor is not responsible for the
conduct of a landlord, manager, owner or other person attending a continuing
education class under this section. This section does not create a cause of
action against the department, a trade association or instructor related to the
continuing education class.

(5)
The owner of a manufactured dwelling park is responsible for ensuring
compliance with the continuing education requirements in this section.

90.736
Civil penalties.
(1) The Housing and Community Services Department may assess a civil penalty
against a landlord or owner if the department finds that the landlord or owner
has not complied with ORS 90.732 or 90.734. The civil penalty may not exceed
$1,000. The department shall assess the civil penalty according to the schedule
of penalties developed by the department under ORS 90.738. In assessing a civil
penalty under this section, the department shall take into consideration any
good faith efforts by the landlord or owner to comply with ORS 90.732 or
90.734.

(2)
A civil penalty assessed under this section shall be deposited in the Mobile
Home Parks Account and continuously appropriated to the department for use in
carrying out the policies described in ORS 446.515.

(3)
If a civil penalty assessed under this section is not paid on or before 90 days
after the order assessing the civil penalty becomes final by operation of law,
the department may file the order with the county clerk of the county where the
manufactured dwelling park of the landlord or owner is located as a lien
against the park. In addition to any other available remedy, recording the
order in the County Clerk Lien Record has the effect provided for in ORS
205.125 and 205.126 and the order may be enforced as provided in ORS 205.125
and 205.126. [2005 c.619 §4; 2009 c.816 §12]

Note: 90.736 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 90 or any series therein by legislative action. See Preface
to Oregon Revised Statutes for further explanation.

90.738
Enforcement of registration and education requirements; advisory committee;
rules.
(1) The Housing and Community Services Department shall adopt rules for the
administration and enforcement of ORS 90.732 and 90.734. The rules shall
include, but need not be limited to, a rule that establishes a schedule of
civil penalties for noncompliance that is consistent with the amount limitation
established under ORS 90.736.

(2)
The department shall appoint an advisory committee to advise the department in
drafting the rules required by subsection (1) of this section and to assist the
department in implementing and administering the duties of the department
regarding the registration and continuing education requirements established in
ORS 90.732 and 90.734. The advisory committee shall include representatives of
interested parties, including but not limited to representatives of
manufactured dwelling park landlords and representatives of manufactured
dwelling park tenants. [2009 c.816 §9]

Note: 90.738 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 90 or any series therein by legislative action. See Preface
to Oregon Revised Statutes for further explanation.

(Tenant
Rights and Obligations)

90.740
Tenant obligations.
A tenant shall:

(1)
Install the tenant’s manufactured dwelling or floating home and any accessory
building or structure on a rented space in compliance with applicable laws and
the rental agreement.

(2)
Except as provided by the rental agreement, dispose from the dwelling or home
and the rented space all ashes, garbage, rubbish and other waste in a clean,
safe and legal manner. With regard to needles, syringes and other infectious
waste, as defined in ORS 459.386, the tenant may not dispose of these items by
placing them in garbage receptacles or in any other place or manner except as
authorized by state and local governmental agencies.

(3)
Behave, and require persons on the premises with the consent of the tenant to
behave, in compliance with the rental agreement and with any laws or ordinances
that relate to the tenant’s behavior as a tenant.

(4)
Except as provided by the rental agreement:

(a)
Use the rented space and the facility common areas in a reasonable manner
considering the purposes for which they were designed and intended;

(b)
Keep the rented space in every part free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin as the condition of the rented
space permits and to the extent that the tenant is responsible for causing the
problem. The tenant shall cooperate to a reasonable extent in assisting the
landlord in any reasonable effort to remedy the problem;

(c)
Keep the dwelling or home, and the rented space, safe from the hazards of fire;

(d)
Install and maintain in the dwelling or home a smoke alarm approved under
applicable law;

(e)
Install and maintain storm water drains on the roof of the dwelling or home and
connect the drains to the drainage system, if any;

(f)
Use electrical, water, storm water drainage and sewage disposal systems in a
reasonable manner and maintain the connections to those systems;

(g)
Refrain from deliberately or negligently destroying, defacing, damaging,
impairing or removing any part of the facility, other than the tenant’s own
dwelling or home, or knowingly permitting any person to do so;

(h)
Maintain, water and mow or prune any shrubbery or grass on the rented space;

(i)
Maintain and water trees, including cleanup and removal of fallen branches and
leaves, on the rented space for a manufactured dwelling except for hazard trees
as provided in ORS 90.727; and

(j)
Behave, and require persons on the premises with the consent of the tenant to
behave, in a manner that does not disturb the peaceful enjoyment of the
premises by neighbors. [1999 c.676 §3; 2013 c.443 §3]

90.750
Right to assemble or canvass in facility; limitations. No provision
contained in any bylaw, rental agreement, regulation or rule pertaining to a
facility shall:

(1)
Infringe upon the right of persons who rent spaces in a facility to peaceably
assemble in an open public meeting for any lawful purpose, at reasonable times
and in a reasonable manner, in the common areas or recreational areas of the
facility. Reasonable times shall include daily the hours between 8 a.m. and 10
p.m.

(2)
Infringe upon the right of persons who rent spaces in a facility to communicate
or assemble among themselves, at reasonable times and in a reasonable manner,
for the purpose of discussing any matter, including but not limited to any
matter relating to the facility or manufactured dwelling or floating home
living. The discussions may be held in the common areas or recreational areas
of the facility, including halls or centers, or any resident’s dwelling unit or
floating home. The landlord of a facility, however, may enforce reasonable
rules and regulations including but not limited to place, scheduling, occupancy
densities and utilities.

(3)
Prohibit any person who rents a space for a manufactured dwelling or floating
home from canvassing other persons in the same facility for purposes described
in this section. As used in this subsection, “canvassing” includes door-to-door
contact, an oral or written request, the distribution, the circulation, the
posting or the publication of a notice or newsletter or a general announcement
or any other matter relevant to the membership of a tenants’ association.

(4)
This section is not intended to require a landlord to permit any person to
solicit money, except that a tenants’ association member, whether or not a
tenant of the facility, may personally collect delinquent dues owed by an
existing member of a tenants’ association.

(5)
This section is not intended to require a landlord to permit any person to
disregard a tenant’s request not to be canvassed. [Formerly 91.920; 1991 c.844 §17;
1997 c.303 §2]

90.755
Right to speak on political issues; limitations; placement of political signs. (1) No
provision in any bylaw, rental agreement, regulation or rule may infringe upon
the right of a person who rents a space for a manufactured dwelling or floating
home to invite public officers, candidates for public office or officers or
representatives of a tenant organization to appear and speak upon matters of public
interest in the common areas or recreational areas of the facility at
reasonable times and in a reasonable manner in an open public meeting. The
landlord of a facility, however, may enforce reasonable rules and regulations
relating to the time, place and scheduling of the speakers that will protect
the interests of the majority of the homeowners.

(2)
The landlord shall allow the tenant to place political signs on or in a
manufactured dwelling or floating home owned by the tenant or the space rented
by the tenant. The size of the signs and the length of time for which the signs
may be displayed are subject to the reasonable rules of the landlord. [Formerly
91.925; 1991 c.844 §18; 1995 c.559 §40; 2009 c.816 §17]

90.760
Notice to tenants’ association when park becomes subject to listing agreement. (1) A tenants’
association or a facility purchase association may give written notice to the
landlord of a facility in which some or all of the members of the associations
reside as tenants requesting that the associations be notified, by first class
mail to no more than three specified persons and addresses for each
association, in the event the facility becomes subject to a listing agreement
for the sale of all or part of the facility.

(2)
If an association requests notice pursuant to subsection (1) of this section,
the landlord shall give written notice to the persons and addresses designated
in the request as soon as all or any portion of the facility becomes subject to
a listing agreement entered into by or on behalf of the owner. [Formerly
91.905; 1991 c.844 §23]

90.765
Prohibitions on retaliatory conduct by landlord. (1) In addition
to the prohibitions of ORS 90.385, a landlord who rents a space for a
manufactured dwelling or floating home may not retaliate by increasing rent or
decreasing services, by serving a notice to terminate the tenancy or by
bringing or threatening to bring an action for possession after:

(a)
The tenant has expressed an intention to complain to agencies listed in ORS
90.385;

(b)
The tenant has made any complaint to the landlord which is in good faith;

(c)
The tenant has filed or expressed intent to file a complaint under ORS
659A.820; or

(d)
The tenant has performed or expressed intent to perform any other act for the
purpose of asserting, protecting or invoking the protection of any right
secured to tenants under any federal, state or local law.

(2)
If the landlord acts in violation of subsection (1) of this section the tenant
is entitled to the remedies provided in ORS 90.710 (1) and has a defense in any
retaliatory action against the tenant for possession. [Formerly 91.870; 1991
c.67 §17; 1993 c.18 §17; 2001 c.621 §84]

90.771
Confidentiality of information regarding disputes. (1) In order to
foster the role of the Office of Manufactured Dwelling Park Community Relations
in mediating and resolving disputes between landlords and tenants of
manufactured dwelling and floating home facilities, the Housing and Community
Services Department shall establish procedures to maintain the confidentiality
of information received by the office pertaining to individual landlords and
tenants of facilities and to landlord-tenant disputes. The procedures must
comply with the provisions of this section.

(2)
Except as provided in subsection (3) of this section, the department shall
treat as confidential and not disclose:

(a)
The identity of a landlord, tenant or complainant involved in a dispute or of a
person who provides information to the department in response to a department
investigation of a dispute;

(b)
Information provided to the department by a landlord, tenant, complainant or
other person relating to a dispute; or

(c)
Information discovered by the department in investigating a dispute.

(3)
The department may disclose:

(a)
Information described in subsection (2) of this section to a state agency; and

(b)
Information described in subsection (2) of this section if the landlord,
tenant, complainant or other person who provided the information being
disclosed, or the legal representative thereof, consents orally or in writing
to the disclosure and specifies to whom the disclosure may be made. Only the
landlord, tenant, complainant or other person who provided the information to
the department may authorize or deny the disclosure of the information.

(4)
This section does not prohibit the department from compiling and disclosing
examples and statistics that demonstrate information such as the type of
dispute, frequency of occurrence and geographical area where the dispute
occurred if the identity of the landlord, tenant, complainant and other persons
are protected. [2001 c.596 §26 (enacted in lieu of 90.770); 2003 c.21 §2; 2005
c.22 §69]

90.775
Rules.
The Housing and Community Services Department may adopt rules necessary to
carry out the provisions of ORS 90.771. [Formerly 91.955; 2001 c.596 §49]

(Facility
Purchase by Tenants)

90.800
Policy.
(1) The State of Oregon encourages affordable housing options for all
Oregonians. One housing alternative chosen by many Oregonians is facility
living. The Legislative Assembly finds that many facility residents would like
to join together to purchase the facility in which they live in order to have
greater control over the costs and environment of their housing. The Legislative
Assembly also finds that current market conditions place residents at a
disadvantage with other potential investors in the purchase of facilities.

(2)
It is the policy of the State of Oregon to encourage facility residents to
participate in the housing marketplace by insuring that technical assistance,
financing opportunities, notice of sale of facilities and the option to
purchase facilities are made available to residents who choose to participate
in the purchase of a facility.

(3)
The purpose of ORS 90.100, 90.630, 90.760, 90.800 to 90.840, 308.905, 446.003,
456.579 and 456.581 is to strengthen the private housing market in Oregon by
encouraging all Oregonians to have the ability to participate in the purchase
of housing of their choice. [1989 c.919 §1; 1991 c.844 §24; 1995 c.559 §42]

90.810
Association notification of possible sale of facility. (1) A facility
owner shall notify, as described in ORS 90.760, the tenants’ association and a
facility purchase association within 10 days of receipt of:

(a)
Any written offer received by the owner or agent of the owner to purchase the
facility which the owner intends to consider; or

(b)
Any listing agreement entered into, by the owner or agent of the owner, to
effect the sale of the facility.

90.820
Facility purchase by tenants’ association or nonprofit corporation; procedures. (1) Within 14
days of delivery by or on behalf of the facility owner of the notice required
by ORS 90.760 (2) or 90.810, a tenants’ association or facility purchase
association may notify the owner of the facility in which the tenants reside by
certified mail or personal service at the address disclosed to the tenants
under ORS 90.305 (1)(a) that the association, or a tenants’ association
supported nonprofit organization, is interested in purchasing the facility.

(2)
Upon delivery of the notice required by subsection (1) of this section, the
facility owner shall negotiate in good faith with the association or
organization and provide the association or organization an opportunity to
purchase the facility as the owner would any bona fide third party potential
purchaser. During the 14-day period following the delivery of a notice to the
facility owner under subsection (1) of this section, the tenants’ association,
facility purchase association or tenants’ association supported nonprofit
organization has a right of first refusal for any offer or agreement by the
facility owner to sell the facility.

(3)
A facility purchase association or tenants’ association actively involved in
negotiations with a facility owner may waive or reduce the time periods for
notice described in this section. A facility purchase association or tenants’
association may authorize a tenants’ association supported nonprofit
organization to waive notice on behalf of the association.

(4)
This section, ORS 90.760 (2) and 90.810 do not apply to:

(a)
Any sale or transfer to a person who would be included within the table of
descent and distribution if the facility owner were to die intestate.

(b)
Any transfer by gift, devise or operation of law.

(c)
Any transfer by a corporation to an affiliate. As used in this paragraph, “affiliate”
means any shareholder of the transferring corporation, any corporation or
entity owned or controlled, directly or indirectly, by the transferring
corporation or any other corporation or entity owned or controlled, directly or
indirectly, by any shareholder of the transferring corporation.

(d)
Any transfer by a partnership to any of its partners.

(e)
Any conveyance of an interest in a facility incidental to the financing of the
facility.

(f)
Any conveyance resulting from the foreclosure of a mortgage, deed of trust or
other instrument encumbering a facility or any deed given in lieu of a
foreclosure.

(g)
Any sale or transfer between or among joint tenants or tenants in common owning
a facility.

(h)
Any exchange of a facility for other real property, whether or not the exchange
also involves the payment of cash or other boot.

90.830
Facility owner affidavit of compliance with procedures. (1) A facility
owner may at any time record, in the County Clerk Lien Record of the county
where a facility is situated, an affidavit in which the facility owner
certifies that:

(a)
With reference to an offer by the owner for the sale of the facility, the owner
has complied with the provisions of ORS 90.820;

(b)
With reference to an offer received by the owner for the purchase of the
facility, or with reference to a counteroffer that the owner intends to make,
or has made, for the sale of the facility, the owner has complied with the
provisions of ORS 90.820;

(c)
Notwithstanding compliance with the provisions of ORS 90.820, no contract for
the sale of the facility has been executed between the owner and a facility
purchase association, tenants’ association or tenants’ association supported
nonprofit organization;

(d)
The provisions of ORS 90.820 are inapplicable to a particular sale or transfer
of the facility by the owner, and compliance with those subsections is not
required; or

(e)
A particular sale or transfer of the facility is exempted from the provisions
of this section and ORS 90.820.

(2)
Any party acquiring an interest in a facility, and any and all title insurance
companies and attorneys preparing, furnishing or examining any evidence of
title, have the absolute right to rely on the truth and accuracy of all
statements appearing in the affidavit and are under no obligation to inquire
further as to any matter or fact relating to the facility owner’s compliance
with the provisions of ORS 90.820.

(3)
It is the purpose and intention of this section to preserve the marketability
of title to facilities, and, accordingly, the provisions of this section shall
be liberally construed in order that all persons may rely on the record title
to facilities. [1989 c.919 §11; 1991 c.844 §27; 1999 c.222 §2]

90.840
Park purchase funds, loans. (1) The Director of the Housing and Community
Services Department may lend funds available to the Housing and Community
Services Department to provide funds necessary to carry out the provisions of
ORS 456.581 (2). Such funds advanced shall be repaid to the Housing and
Community Services Department as determined by the director.

(2)
Notwithstanding any budget limitation, the director may spend funds available
from the Mobile Home Parks Purchase Account to employ personnel to carry out
the provisions of ORS 456.581 (1). [1989 c.919 §12]

(Dealer
Sales of Manufactured Dwellings)

90.860
Definitions for ORS 90.865 to 90.875. As used in ORS 90.865 to 90.875:

(1)
“Buyer” has the meaning given that term in ORS 72.1030;

(2)
“Facility” has the meaning given that term in ORS 90.100;

(3)
“Landlord” has the meaning given that term in ORS 90.100;

(4)
“Manufactured dwelling” has the meaning given that term in ORS 90.100;

(5)
“Purchase money security interest” has the meaning given that term in ORS
79.1070;

(6)
“Secured party” has the meaning given that term in ORS 79.1050; and

(7)
“Seller” has the meaning given that term in ORS 72.1030. [2001 c.112 §1; 2005
c.22 §70]

Note: 90.860 to
90.875 were enacted into law by the Legislative Assembly but were not added to
or made a part of ORS chapter 90 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.

Note: 79.1050 and
79.1070 were repealed by section 187, chapter 445, Oregon Laws 2001. The text
of 90.860 was not amended by enactment of the Legislative Assembly to reflect
the repeal. Editorial adjustment of 90.860 for the repeal of 79.1050 and
79.1070 has not been made.

90.865
Dealer notice of rent payments and financing. A seller of a manufactured
dwelling who is subject to ORS 446.661 to 446.756 must provide notice under ORS
90.870 if the manufactured dwelling is to be placed in a facility and the
seller:

(1)
Pays a portion of the rent for the dwelling; or

(2)
Provides financing or assists the buyer in arranging financing that results in
a party taking a purchase money security interest in the dwelling and the
seller knows that a portion of the proceeds from the financing is to be used to
pay a portion of the rent for the dwelling. [2001 c.112 §2; 2003 c.655 §59]

Note: See first note
under 90.860.

90.870
Manner of giving notice; persons entitled to notice. (1) A seller
subject to ORS 90.865 must give notice by certified mail to the parties listed
in subsection (2) of this section prior to the date the manufactured dwelling
is delivered to the facility. The notice must be in writing and include:

(a)
A statement that a portion of the rent is being paid by the seller or out of
the proceeds from financing; and

(b)
The amount and duration of rent that is being paid by the seller or out of the
proceeds from financing.

(2)
A seller subject to ORS 90.865 must give notice under subsection (1) of this
section to:

90.875
Remedy for failure to give notice. If a seller fails to provide notice
under ORS 90.870, a buyer, landlord or secured party without actual notice that
suffers an ascertainable loss as a result of the failure may bring an
individual action to recover actual damages or $200, whichever is greater. [2001
c.112 §4]